
Qass. 
Book. 



39th Congress, ) HOUSE OF REPRESENTATIVES. ( Report 



1*/ Session. 



\ HOUSE OF REPRESENTATIVES. ( Report 

i \ No. 10 4. 



ASSASSINATION OF LINCOLN. 



July — , 1866.— Ordered to be printed. 




Mr. Boutwell, from the Committee on the Assassiuation of Lincoln, made the 

. following 

KEPORT: 

The Committee on the Judiciary, to iclwm were referred the resolutions of the 
House of Representatives of April 9 and April 30, 1866, instructing the com- 
mittee to inquire into the nature of the evidence implicating Jefferson Davis 
and others in the assassination of President Lincoln; and also whether any 
legislation is necessary in order to bring such persons to a speedy and impar- 
tial trial, if it should appear that there w^as probable cause to believe that 
said persons, or any of them, are guilty of inciting, concerting, or procuring 
the assassination of the late President of the United States ; and also tvhether 
any legislation is necessary in order to bring said persons to a speedy and im- 
partial trial for the crime of treason, have investigated the subjects as directed, 
and make the following preliminary report thereon : 

It is notorious that said Davis was guilty of the crime of treason according to 
the Constitution and the laws of the United States, and the committee are of the 
opinion that there are no obstacles to a speedy and impartial trial which can be 
removed by legislation. This is also the opinion of Attorney General Speed, as 
given in his testimony before the Judiciary Committee. 

The evidence in possession of the committee connecting Jefferson Davis with 
the assassination of President Lincoln justifies the committee in saying that • 
there is probable cause to believe that he was privy to the measures which led 
to ihe commission of the deed ; but the investigations which have been made by 
the War "Department and by the committee have not resulted in placing the 
government in possession of all the facts in the case. It is probable, however, 
that the further prosecution of the investigation by the committee and by the 
officers of the government will result finally in a full development of the whole 
transaction. 

The capture of the rebel archives has put the government in possession of a 
mass of letters, papers, and documents of various kinds, only a portion of which 
have as yet been examined. The examination thus far has thrown light upon 
the general policy of the rebel authorities, which, in many particulars, involved 
a total disregard of international law and of the usages of civilized war. The 
Secretary of War, through Francis Lieber, LL. D., chief of the archive office, 
has furnished to the committee copies of various letters and papers found in the 
war office at Richmond, bearing upon four points of the policy of the rebel gov- 
ernment : first, with regard to negroes beaming arms ; second, the condition of 
rebel prisons, and the treatment of prisoners ; third, orders issued and letters 
written by the rebel secretary of war in relation to the Union prisoners ; and 
fourth, views and suggestions of Jefferson Davis in regard to Union prisoners. 
Copies of these papers have been furnished to the committee, and a synopsis 
thereof is herewith submitted as a part of this report. While the evidence thus 



El 

2 ASSASSINATION OF LINCOLN. 

furnished docs not bear directly upon the question submitted to the committee, 
it has been thought advisable to lay it before Congress and the country as show- 
ing the brutal and inhuman policy of the men who instigated and guided the re- 
bellion, and as being, in that particular, intimately connected with the attempts 
that were made to burn the cities of the north, to destroy its commerce on the 
rivers, lakes, and the ocean, without regard to the loss of life, and finally with 
the assassination of the President of the United States. In 1S62 Jefferson 
Davis issued an order that all negro slaves captured in arms should at once be 
delivered over to the executive authorities of the respective States to which they 
belonged, to be dealt with according to the laws of such States, and that the 
like order be executed in all cases with respect to all commissioned officers of 
the United States army found serving in company with armed slaves in insur- 
rection against the authority of the different States of the confederacy. By the 
statutes of South Carolina slaves or other negroes engaged in mutiny and in- > 
surrection were to be tried by two justices of the peace and three freeholders, 
associated together, who were empowered and authorized to inflict the punish- 
ment of death upon such offenders. 

On the 13th of June, 1863, S. S. Anderson, assistant adjutant general to E. 
Kirby Smith, and by his direction, addressed a letter to General R. Taylor, 
dated at Shreveport, in which that writer says, in answer to a communication 
of Brigadier General Herbert, asking what disposition should be made of slaves 
taken in arms, that "No quarter should be shown them. If taken prisoners, how- 
ever, they should be turned over to the executive authorities of the States iu 
which they may be captured, in obedience to the proclamation of the President 
of the Confederate States." ***** * 

"Should negroes thus taken be executed by the military authorities capturing 
them, it would certainly provoke retaliation. By turning them over to the civil 
authorities, to be tried by the laws of the State, no exception can be taken." 

On the 13th of June, 1S63, E. Kirby Smith writes to It. Taylor, commanding 
the district of Louisiana, and says: "I have been unofficially informed that 
some of your troops have captured negroes in arms. I hope this may not be 
so, and that your subordinates who have been in command of capturing parties 
may have recognized the propriety of giving no quarter to armed negroes and 
their officers. In this way we may be relieved from a disagreeable dilemma. If 
they are taken, however, you will turn them over to the State authorities to be 
tried for crimes against the State ; and you will afford such facilities in obtaining 
witnesses as the interests of the public service will permit." 

Again : Smith, writing to General S. Cooper, adjutant and inspector general, 
June 16, 1863, encloses two letters addressed to General Taylor, and says : 
"Unfortunately such captures were made by some of Major General Taylor's 
subordinates." 

Jefferson Davis, in his message to the rebel legislature. January 12, 1863, 
referring to the proclamation of emancipation of January 1, of that year, 
says that "by it the negroes are encouraged to general assassination of their 
masters by the insidious recommendation to 'abstain from violence unless in 
necessary self-defence.' Although our own detestation of those who have at- 
tempted the most execrable measure recorded in the history of guilty man is 
tempered by profound contempt for the impotent rage which it discloses, so far 
as regards the action of this government on such criminals as may attempt its 
execution, I confine myself to informing you that I shall, unless in your wisdom 
you deem some other course more expedient, deliver to the several State authori- 
ties all commissioned officers of the United' States who may hereafter be cap- 
tured by our forces in any of the States embraced in the proclamation, that 
they may be dealt with in accordance with the laws of those States providing 
for the punishment of those criminals engaged in inciting servile insurrection." 

On the 1st of May, 1S63, the rebel congress passed a series of resolutions 



ASSASSINATION OF LINCOLN. 6 

on tbe subject of retaliation. The fourth resolution (sec. 4) declares that " every 
white person, being a commissioned officer, or acting as such, who, during the 
present war shall command negroes or mulattoes in arms against the Confederate 
States * * * shall be deemed as inciting servile insurrection, and shall, if 
captured, be put to death or be otherwise punished at the discretion of the court." 
The seventh resolution of the series declares that " all negroes and mulattoes 
who shall be engaged in war or be taken in arms against the Confederate States, 
or shall give aid or comfort to the enemies of the Confederate States, shall, when 
captured in the Confederate States, be delivered to the authorities of the State 
or States in which they shall be captured, to be dealt with according to the 
present or future laws of such State or States." 

This policy of the rebel authorities was modified in the following year. But 
the declarations made and the acts done in pursuance of these declarations are 
conclusive proofs of the" brutal and malignant feelings by which the leaders of 
the rebellion were controlled, and rendered it not ouly possible but probable 
that they would at once engage in projects for the assassination of the chief 
men of tbe republic. 

The documents found in the rebel archives at Richmond fully sustain the 
statements that have been made by persons in the service of the United States 
concerning the inhuman treatment of Union soldiers in southern prisons, and 
leave no doubt that Jefferson Davis and the rebel authorities had knowledge of 
this treatment, and that they took no effective measures in behalf of humanity. 
Indeed, it is more than probable, from the evidence thus disclosed, that it was 
part of the policy of the rebel authorities to impair the effectiveness of the Union 
army by systematic ill treatment and starvation of prisoners. Davis says, in 
his message to the rebel congress of November, 1S61, after reciting what he 
alleges to be the atrocities of the United States forces : "If they convert their 
soldiers into incendiaries and robbers, and involve us in a species of war which 
claims non-combatants, women and children, as its victims, they must expect to 
be treated as outlaws and enemies of mankind. There are. certain rights of 
humanity which are entitled to respect, even in -war, and he who refuses to 
guard them forfeits his claim, if captured, to be consMered as a prisoner of war, 
but must expect to be dealt with as an offender against all law, human and 
divine." 

Again : in his message of August, 1S62, he says : " No method remains for the 
suppression of these enormities but such retributive justice as it may be found 
possible to execute; retaliation in kind for many of them is impracticable ;" * * 
"but stern, exemplary punishment can and must be meted out to the murderers 
and villains who, disgracing the profession of arms, seek to make of public war 
the occasion for the commission of the most monstrous crimes." * * " Nothing 
remains but to vindicate our rights and maintain our existence by employing 
against our foes ejrery energy and every resource at our disposal." 

Reports of the condition of the prisons of the south made by rebel officers 
fully sustain the declarations and threats of Davis in the extracts above quoted. 
In September, 1862, a report was made by a committee of the house-of rep- 
resentatives of the rebel congress. The committee say that they " visited the 
hospital of the sick and wounded of our enemies now in our custody, and 
found all of the wards in a wretched condition. The upper ward was such as to 
drive the committee out of it almost instantly. The honor of our country will 
not permit us to bring the matter to the attention of Congress, thereby making 
the matter public." 

Accompanying the report was a resolution by which the chairman of the 
committee was instructed to address a letter to the secretary of war in relation 
to the condition of prisoners confined in the hospitals at Richmond, above re- 
ferred to, and urging him to have the same placed in a more comfortable condition 
as soon as possible. 






ASSASSINATION OF LINCOLN. 



In May, 1S63, a committee of the rebel house of representatives was appointed 
to examine into the condition of the prisoners confined in Castle Thunder 
prison. Reports were made by the majority and minority of the committee, and 
they agreed in condemning the management at the prison. In the minority re- 
port it is stated that the acts committed aud complained of most were the killing 
of two prisoners, the shooting of a third, and the infliction of corporeal punish- 
ment by whipping on the bare back, [in accordance with instructions from 
General Winder, but unsupported by law,] and confining prisoners in the 
prison yard, exposed to the weather. The minority say, further, that they 
think the infliction of corporeal punishment administered by Captain Alexander 
was illegal and improper; that the punishing by exposing prisoners to the 
weather was improper and unwarranted, and that the order to shoot at those 
who came to the windows was unjustifiable; but inasmuch as it is not known 
that any serious consequences resulted from those acts, and inasmuch as they 
appear to have been resorted to by Captain Alexander, not from any wanton- 
ness or cruelty, but from a desire to maintain proper discipline, and perhaps 
from an erroneous conception of his rights and powers as keeper of such a 
prison, it is recommended that no further action be taken by the house. 

The majority report and minority report above referred to concur in the ex- 
culpation of the officers of the prison. A second minority report, which appears 
to have been made by a Mr. Herbert, says that he is of the opinion that " Brig- 
adier General Winder and Captain Alexander, who have had superintendence 
of Castle Thunder, have shown a want of judgment and humanity in the man- 
agement of that prison, deserving not only the* censure of congress, but prompt 
removal from the position they have abused." Winder was still retained in 
charge of the prison as late as January, 1S64. One T. 0. Stevens writes to 
Jefferson Davis, and asks for the removal of General Winder. He states that 
Winder is universally disliked, and by many detested. In this letter various 
charges of a personal nature are made against Winder. 

About this time Henry Brown, post chaplain of Camp Lee, writes to the sec- 
retary of war, and calls attention to the fact that "the Yankee deserters confined 
in Castle Thunder will freeze unless something is speedily done." This letter 
is referred to the provost marshal, who admits that the complaints are well 
founded ; that he has forwarded repeatedly complaints of a similar character, 
and that no remedy has been furnished. He says : " I do not doubt that there 
has been considerable loss of life already at the Libby and Castle Thunder from 
this cause. The fault is with those officers whose duty it was to furnish a sup- 
ply of fuel and who have not made proper provision." 

The report from the inspector of prisons at Cahaba, Alabama, in the autumn 
of 1S64, shows that the food issued to the prisoners was poor in quality and in- 
sufficient in quantity. A similar report made by R. S. Whitfield, surgeon in 
charge of the prison at Cahaba, dated March 31, 1S64, states»that the sleeping 
arrangements consist of rough bunks but recently constructed, accommodating 
but 432, so that 228 are forced to sleep upon the ground, with but one fireplace 
in the building. All the fires, about forty in number, have been until the past 
few days built at intervals upon the floor. In September, 1S64, R. H. Chilton 
writes a letter to John H. Winder, dated Andersonville, Georgia, in which he 
gives certain extracts from the reports of military prisons at Andersonville, 
Georgia. The report says: "There is no medical attendance furnished within 
the stockade. Small quantities of medicines are placed in the hands of certain 
prisoners of each squad or division, and the sick are directed to be brought out 
by the sergeants of squads daily at sick-call to the medical officers who attend 
at the gates. The crowd at these times is so great that only the strongest 
could get access to the doctors ; the weaker ones being unable to force their way 
through the press, and the hospital accommodations are so limited that, though 



/' 



ASSASSINATION OF LINCOLN. 5 

the beds (so called) have all, or nearly all, two occupants each, large numbers 
who would otherwise be received are necessarily sent back to the stockade. 
Many (twenty yesterday) are carted out daily who "have died from unknown 
causes, and whom the medical officers had never seen. The sanitary condition 
of the prisons is as wretched as can be, the principal causes of mortality being 
scurvy and chronic diarrhoea. » * * Raw rations have to be issued to a 
very large proportion, wffo are entirely unprovided with proper utensils, and 
furnished so limited a supply of fuel, they are compelled to dig with their hands 
in the filthy marsh before mentioned for roots, &c. * * * After inquiry, I 
am confident that by slight exertion green corn and other anti scorbutics could 
readily be obtained." 

, Surgeon Isaiah H. "White says, in a report made, as we suppose, in November, 
1864, that, "a large excess of funds at Andersonville will be turned over to the 
treasurer, because the commissary at that post has failed to supply himself with 
funds to meet requisitions, while thousands of sick, both at this post and Ander- 
sonville, are in a state of suffering that would touch the heart of the most callous." 

From the indorsements on this report it appears to have been referred by the 
surgeon general to the secretary of war; by the secretary of war to the com- 
missary general; by the commissary general tc the quartermaster general, with 
the indorsement that the commissary general had furnished to the use of the 
hospitals all the money that could be obtained for that purpose. The quarter- 
master general returned the report to the secretary of war, with the declaration 
that the means at the disposal of his bureau had always been liberally supplied 
to the military prisons. By the order of the secretary of war the report appears 
to have been filed without anything being accomplished for the relief of the 
prisoners. 

As late as January, 1865, a report was made by Colonel H. Forno to Gen- 
eral Winder, with reference to the military prisons of South Carolina. In this 
report it is stated that "the subsistence department is entirely deficient, and the 
ration issued daily amounts almost to starvation. There have been but two 
issues of meat in the last two months, and scarcely any sirup." This report 
was referred to the adjutant and inspector general ; then to the commissary de- 
partment ; then returned to the inspector general ; then referred to the secretary 
of war, and by him referred to the secretary of the treasury, who returned it to 
the secretary of war, and then, Ify order of the assistant secretary of war, the 
paper was filed without any action being taken for the relief of the prisoners. 

On the 12th of October, 1864, one Sabina Dismukes writes to Jefferson Davis 
from Stateburg, South Carolina, and encloses an article from the Sumter 
Watchman which contained an account of the sufferings of prisoners at Florence. 

In her letter this woman says, " If such things are allowed to continue, they 
will most surely draw down some awful judgment upon our country. It is a 
most horrible national sin that cannot go unpunished. If we cannot give 
them food and shelter, for God's sake send them back to Yankee land, but 
don't starve the miserable creatures to death." 

The article from the Watchman is incorporated into this report, and it is 
herewith submitted to the House. It appears to be a truthful account of the 
condition of many thousands of our Union soldiers, and it cannot be read with- 
out the deepest emotion, nor without the conviction that the horrors of that 
prison far surpassed all the doings of the most savage races in the most barbar- 
ous ages of the world. This communication was referred by Davis to the sec- 
retary of war, by him to the adjutant general, who referred it to General 
Winder, who returned it to the adjutant general with this indorsement : " The 
prisons in South Carolina are not under my command. I can give no in- 
information, nor can I express an opinion." The secretary of war then re- 
ferred it to General Gardiner, who referred it to Colonel Harrison, the com- 
mandant of the prison at Florence, who referred it to Lieutenant Colonel Iver- 



/ 



6 ASSASSINATION OF LINCOLN. 

son, who, on the 17th of December, 1S64, makes a report thereon in the form 
of an indorsement. 

The following is the article from the Sumter Watchman : 



THE PRISONERS AT FLORENCE. 

Mr. Editor : It may not be uninteresting to your numerous readers to hear 
something from the Yankee camp at Florence. Your correspondent went, over, 
upon the summons of one of those ominous 0. B.'s, which the times have made 
more familiar than agreeable, to take a drove of cattle to the camp. Our party 
had in charge animals of all sizes, sexes, and conditions, from tbe patriarch of 
the herd, whose seamed and wrinkled front bore the marks of many a bloody 
battle, to " old crumpie," who had served her day at the milk pail, and whose 
constitution was evidently unable to stand the blasts of another March. We 
lost three on the way ; two straggled and one fell from exhaustion. The buzzards, 
after all, were not cheated of their long-expected prey. The country through 
which we travelled is " flat, stale, and unprofitable." The crops are poor, and 
every cotton field destroyed by the "army worm," as if in imitation of its more 
intelligent namesake. No object of curiosity was encountered on the way, unless 
we take into account the "long bridge" over what the natives call " Spawa 
swamp." Most of the houses were uninhabited, with fences and outbuildings 
going to ruin. 

" No product now the barren fields afford, 
But men and steel, the soldier and the sword." 

THE CAMP 

we found full of what were once human beings, but who would scarcely now be 
recognized as such. In an old field, with no enclosure but the living wall of 
sentinels who guard them night and day, are several thousand filthy, diseased, 
famished men, with no hope of relief except by death. A few dirty rags stretched 
on poles give some of them a poor protection from the hot sun and heavy dews. 
All were in rags and barefoot, and crawling with vermin. As we passed around 
the line of guards I saw one of them brought out from his miserable booth by 
two of his companions and laid upon the ground to die. He was nearly naked. 
His companions pulled his cap over his face and straightened out his limbs. 
Before they turned to leave him he was dead. A slight movement of the limbs, 
and all was over — the captive was free ! The commissary's tent was near one 
side of the square, and near it the beef was laid upon boards preparatory to its 
distribution. This sight seemed to excite the prisoners, as the smell of blood 
does the beasts of the menagerie. They surged up as near the lines as they 
were allowed, and seemed, in their eagerness, about to break over. While we 
were on the ground a heavy rain came up, and they seemed greatly to enjoy it, 
coming out a ]mris naturalihus, opening their mouths to catch the drops, while 
one would wash off another with his hands, and then receive from him the like 
kind office. Numbers get out at night and wander to the neighboring houses in 
quest of food. 

From the camp of the living we passed to the camp of the dead — the hospital ; 
a transition which reminded me of Satan's soliloquy — 

"Which way I fly is hell; myself am hell. 
And in the lowest deeps, a lower deep, 
Still threatening to devour me, opens wide." 

A few tents, covered with pine tops, were crowded with the dying and the 
dead in every stage of corruption. Some lay in prostrate helplessness ; some 
bad crowded under the shelter of the bushes ; some were rubbing their skeleton 



ASSASSINATION OF LINCOLN. 7 

limbs. Twenty or thirty of them die daily ; most of these, as I was informed, 
of the scurvy. The corpses lay by the roadside waiting for the dead cart, 
their glassy eyes turned to heaven, the flies swarming in their mouths, their big 
toes tied together with a cotton string, and their skeleton arms folded on their 
breasts. You would hardly know them to be men, so sadly do hunger, disease, 
and wretchedness change " the human face divine." Presently came the carts; 
they were carried a little distance to trenches dug for the purpose, and tumbled 
in like so many dogs ; a few pine tops were thrown upon the bodies, a few 
shovels-full of dirt, and then haste was made to open a new ditch for other 
victims. The burying party were Yankees, detailed for the work ; an appoint- 
ment which, as the sergeant told me, they consider a favor, for they get a little 
more to eat and enjoy fresh air. 

Thus we see at one glance the three great scourges of mankind — war, famine, 
and pestilence ; and we turn from the spectacle sick at heart as we remember 
that some of our loved ones may be undergoing a similar misery. 

"Man's inhumanity to man makes countless millions mourn." 

Soon S,000 more will be added to their number, and where the provisions are 
to come from to feed this multitude is a difficult problem. Five thousand pounds 
of bacon or ten thousand pounds of beef daily seems, in addition to more urgent 
draughts upon her, far beyond the ability of South Carolina. 

The question is, are we not doing serious injury to our cause in keeping these 
prisoners to divide with us our scanty rations ? Would it not be better at once 
to release them on parole ? 

HOWARD. 



D. 1328.] Headquarters Florence Military Prison, 

December 17, 1864. 

Respectfully returned. Howard visited Florence, when necessity forced the 
removal of prisoners here without any preparation whatever being made for their 
proper care or subsistence. In my opinion, if one of those ominous 0. B.'s was 
sent him to report to the front, there would be no danger of his exciting the 
nerves of ladies, and it might, perhaps, do the service some good. Mrs. Dismukes 
may rest easy and quiet in reference to the treatment of prisoners at this prison, 
for, since I assumed command, (the 10th October, 1SC4,) the deaths have de- 
creased, from thirty-five to forty per day, to one single demise, which my 
hospital and sexton's report shows, for the last twenty-four hours. I call 
attention to the fact that the prisoners were all brought here from other prisons, 
and solicit inquiry as to their improvement or still further degradation, and 
challenge any prison in the confederacy, taking everything in consideration, for 
health, cleanliness, neat-looking prisoners, neat burial grounds, &c. They are 
given everything the government issues to them. 

I am, very respectfully, your obedient servant, 

JOHN F. IVERSON, 
Lieutenant Colonel Commanding. 

[Received Florence military prison December 17, 1864.] 

On the 18th of February, 1865, Bradley T. Johnson asks General Gardiner 
to remove Captain J. M. Goodman from the office of post quartermaster at Salis- 
bury prison for inefficiency. In that letter he says : "The only hospitals are 
buildings withia the prison enclosure, where the only amelioration we can give 
to their sufferings are pine bunks and straw to lie on ; without them they lie on 
the bare floor or earth with little or no covering." On the 1st of February Doctor 
Wilson, surgeon of the prison, made a requisition for 10,000 pounds of straw, 



8 ASSASSINATION OF LINCOLN. 

and also 100 bunks. Up to the 13th of February, be bad received 800 pounds 
of straw and no bunks. The sick, therefore, lay on the bare ground, and from 
the 1st to the 31st of January 732 of them died. From February 1 
to February 13,275 died. He says, further in this letter: "This country 
abounds in straw. For a country as full of wood as this, energy and 
methodized industry would have formed a depot to provide for such con- 
tingencies as a temporary failure of supplies." In the early part of 1865 
Governor Vance, of North Carolina, wrote to the rebel secretary of war, and 
states that the prisoners at Salisbury are suffering terribly. A report m*de 
by Captain Hall says : " The ground upon which the prison is situated is red 
clay, and in time of rain this clay held the water and made the prison a perfect 
bog for a long time afterwards. There was no drainage to the place, and the 
pools of filthy water would, he feared, be certain to create a pestilence in warm 
weather. There was no stream running through the place." According to the 
same report the number of prisoners confined at Salisbury in the month of 
October, 1S64, was 10,321, and of this number 3,419 had died previous to Feb- 
ruary 17, 1865. 

The foregoing extracts present a small portion only of the evidence contained 
in the letters and documents found in the rebel archives concerning the condi- 
tion and treatment of Union soldiers in the prisons of the south. It is true, 
that various excuses were made from time to time for these outrages upon hu- 
manity and the rules of war by those in authority at Richmond — such as the 
refusal of the United States government to exchange prisoners and their own 
inability to furuisb supplies. But the fact still remains, that from the year 1862 
to the close of the rebellion, the authorities were fully and frequently informed, 
as well by letters and communications from private persons as by official reports, 
that the prisoners in their custody were suffering every conceivable horror, and 
dying in great numbers daily, in consequence of the treatment they endured at 
the hands of the subordinates of the Richmond government. And it also re- 
mains a well-established fact that no really efficient effort ever was made at any 
time to remove or diminish the evil. 

The remaining testimony to be examined and considered relates to the com- 
plicity of Jacob Thompson, C. C. Clay, jr., and Jefferson Davis, in the assassi- 
nation of President Lincoln. In a letter written by C. C. Clay, jr., to President 
Johnson, dated Fortress Monroe, November 23, 1865, he says : 

" Had your proclamation charged me with the very act of Booth, I should 
not have been more surprised and amazed than I was at being charged with con- 
certing the crime. I had been absent from Canada nearly six months, had never 
known or»heard of Booth, or either of those charged as his immediate accom- 
plices, and had not, to my knowledge or belief, ever seen him, or either of them." 

This letter to the President was written for the purpose of obtaining a release 
from confinement, and contains a positive denial of all complicity in the assassi- 
nation of President Lincoln. One of the reasons stated by the writer in his 
behalf is, that he had been absent from Canada nearly six months. If this 
statement were true, it would not tend, in any considerable degree, to exculpate 
Clay, if there were evidence tending to implicate him in the assassination. But 
its falsity goes far to show that he had some reason for attempting to conceal 
the fact as to the time when he left Canada ; and inasmuch as the statement was 
made in order to relieve himself from the charge contained in the President's 
proclamation, it has a strong tendency to convict him of complicity in the deed. 

A letter dated "Montreal, December 10,1864," addressed to J. Thompson, 
and signed "T. E. Hope," is in the handwriting of C. C. Clay. This is apparent 
from a comparison of the letter with Clay's handwriting, and is also established 
by the testimony of Major Richard Montgomery. This letter is referred to iu 
the synopsis of the Clay correspondence, and is marked LIII 



ASSASSINATION OF LINCOLN. V 

The Richmond Enquirer, of December 15, 1864, contained a " personal" 
copied from the New York News, of December 1, as follows : 

" November 20, 1864. — H. L. Clay, Richmond, Virginia : Yours and B.'s re- 
ceived. Will try to leave, as suggested, by 1st December, and may go to 
Mexico. Am very well. Rob. and wife with me. He improving. T. E. 
Lacy." 

The names " T. E. Hope" and " T. E. Lacy" were the assumed names of 0. 
C. Clay, under which much of his correspondence was conducted. In an in- 
dorsement upon a letter, dated New*York, January 12, 1S65, without signature, 
addressed T. E. Hope, Clay admits it to be his assumed name. The indorse- 
ment is signed C, jr. 

The fact that this " personal" was written by C. C. Clay is established by a 
letter from H. L. Clay, brother of C. C. Clay, to the wife of the latter, dated 
Richmond, Virginia, December 7, 1864, in which he transmits the " personal" 
from New York News, dated November 20, 1S64, signed "T. E. Lacy." 

It is probable that Clay intended to leave Canada by the 1st of DiJbember, 
1S64, and it is possible that he made the attempt to run the blockade, and sub- 
sequently returned to Halifax, if not to Canada. On the 17th January, 1865, 
H. L. Clay wrote a letter to the wife of C. C. Clay, dated " Richmond, Virginia,". 
in which he says : • 

"I have just seen General Singleton, of Illinois, here, by permission of Lin- 
coln and Davis. He tells me that brother C. will not attempt to run the block- 
ade at Wilmington, but will certainly go to Mexico, and thence to Texas. As 
a reason for that he says, besides apprehension of capture, my brother C. has 
been employed by a gentleman in Massachusetts (a Mr. Pierce) to look after a 
large (landed perhaps) interest in Texas. I tell you this to quiet your fears 
for his safety, and to let your patience have its perfect work." 

A letter signed " Rob.," which was written to C. C. Clay by Robert Brown, 
his nephew, dated St. Catharines, 19th December, 1864, commences with this 
paragraph : 

"My Dear Uncle : Your esteemed note from Quebec, 11th instant, came to 
me ' (J. K.,' and I hasten to answer it, hoping this will reach you before you 
leave Halifax." 

This paragraph renders it certain that Clay was at Quebec as late as the 11th 
of December, 1864, or within about four months preceding the assassination. 

In addition to the foregoing testimony, derived from papers found in the rebel 
archives, there is in the War Department the affidavit of Hiram Lewis Hall, of 
Toronto, Canada West, who states that he has known Clement C. Clay for fif- 
teen or twenty years ; that he saw him frequently in Canada — Toronto, St. 
Catharines, and elsewhere, and that he met Mr. Clay at Toronto in December, 
1S64, shook hands with him, and bade him good-bye, as he was starting from 
Montreal to take ship with the intention of running the blockade, and reaching 
the southern States ; that at that time he supposed he had gone, but that some 
time after New Year's, 1865, he met him again, when Mr. Clay said he had 
failed to run the blockade, and had returned to Canada.* 

The first allusion in point of time made to the presence of Clay in trhe south 
among all the papers in possession of the government yet examined, is a letter 
dated at Richmond, March 8, 1865, and written by H. L. Clay to C. C. Clay, jr. 
This letter contains the following words : 

" Your indorsement upon a letter of sister* to Celeste, brought yesterday by 
Captain Hudson, is the only direct intelligence I've had from you since the 
telegram announcing your arrival at Charleston." 

* George B. Hutchinson testified before the military commission that he " last saw Clement 
C. Clay at the Queen's hotel, Toronto, about the 1:2th or 13th of February." (See Pitman's 
Trial of the Conspirators, page 37.) 



10' ASSASSINATION OF LINCOLN. 

The evidence upon this branch of the subject establishes beyond reasonable 
doubt the fact that Clay remained in Canada into the months of January and 
February, 1865, and necessarily convicts him of a false statement in his com- 
munication to the President upon a point which he deemed important as excul- 
pating himself from the charge of complicity in the assassination of President 
Lincoln. 

The statement of Clay that he had never known any of the persons accused 
and convicted of participating in the assassination of President Lincoln is shown 
to be false by the evidence of Richard Montgomery, as reported in the testimony 
taken by the military commission. Montgomery says : " I have seen Lewis 
Payne, the prisoner at the bar, in Canada. I saw him at the falls in the sum- 
mer of 1864. I saw him again and had some words with him at the Queen's hotel 
in Toronto. I had had an interview with Mr. Thompson, and on leaving the room 
I met this man Payne in the passage-way talking with Mr. Clement C. Clay. Mr. 
Clay stopped me and held my hand, finishing his conversation with Payne in 
an undertone, and when he left me for a moment he said, 'Wait for me; I will 
return.' " (Conspiracy Trial, page 24.) 

Clay, while in Canada, acted under the following commission : 

"Richmond, Virginia, Ajfrii 27, 1864. 
" Sir : Confiding special trust in your zeal, discretion, and patriotism, I hereby 
direct you to proceed at once to Canada, there to carry out such instructions as 
you have received from me verbally, in such manner as shall seem most likely 
to conduce to the furtherance of the interests of the Confederate States of 
America which have been intrusted to you. 
"Very respectfully and truly yours, 

"JEFFERSON DAVIS. 

"Hon. C. C. Clay, Jr., Sfc., fyc., fyc., Richmond, Va" 

This commission is written upon despatch paper, and appears to be in the 
handwriting of Benjamin. 

It is well established by letters and documents derived from rebel sources, and 
now in the archives of the government, that Clay, under this commission, was 
instrumental in organizing and executing, with more or less success, the raids 
upon the cities and towns along the border, the plans for the introduction of 
pestilence, the organization of conspiracies to liberate the prisoners confined in 
Camp Douglas, Chicago, to destroy our commerce on the rivers, lakes, and ocean, 
and finally to thwart and overthrow the government, if possible, by inciting a 
new rebellion in the north. 

It is also ascertained that Jacob Thompson, Beverley Tucker, George N. San- 
ders, W. C. Cleary, Bennett H. Young, and K. J. Stewart were employed in 
Canada as secret agents for the confederate authorities. In June, 1864, said 
Young, as directed by James A. Seddon, rebel secretary of war, proceeded with- 
out delay to the British provinces, under temporary appointment in the pro- 
visional army, and reported to Thompson and Clay for instructions. 

He was authorized by Seddon to collect escaped prisoners to the number of 
not more than twenty, and to execute such enterprises as might be indicated, 
implicitly obeying the instructions of Thompson and Clay. Confidential in- 
structions were also given by Seddon in cipher, in which Young was ordered to 
reconnoitre the towns near the enemy's northwestern frontier, and to take the 
one b'eing most exposed, and sack, burn, and destroy banks, public buildings, 
stores and storehouses, railroad depots, mills, factories, cars, bridges, and such 
houses and barns belonging to their enemies as he might think proper. He was 
ordered not to allow retaliation on women and children or on unarmed and de- 
fenceless citizens. And then Seddon proceeds to say : " It is but right that the 
people of New England, and Vermont especially, some of whose officers and 



i. 



ASSASSINATION OF LINCOLN. 11 

troops have been foremost in these excesses and whose people have approved of 
their course, should have brought home to them some of the horrors of such 
warfare. It is but just retribution and retaliation." He says further: "You 
are aware that other officers have also received authority similar to yours. Your 
respective commands are independent of each other." * * * * "After 
the duty assigned to you all at Chicago is performed you will visit Burlington 
and St. Albans, Vermont. Others will visit other points as instructed." 

These instructions were dated August 20, 1S64, and directed to Bennett H. 
Young at Chicago. On the 31st of the same month Young makes a report, also 
in cipher, from Chicago, iu which he gives a muster-roll of his command, which 
he calls " The 5th Confederate State Betributors." Upon the roll are the names 
of several persons who were afterwards concerned in the raid upon St. Albans. 
He says : " I shall, I think, after a reconnoissance, attack Burlington or St. Al- 
bans, Vermont. I cannot fully decipher my instructions of the 20th of this 
month." * * * " The augmentation of federal troops here and the fears of 
some of the so-called peace copperheads in the convention prevents the carrying 
out of our plans to release the prisoners in the federal bastile here." 

On the 30th of November, 1864, K. J. Stewart writes from Toronto, Canada 
West, to Jefferson Davis, in which he says : " If Mr. B. has not as yet sent me 
the triplicate of check for $20,000,000, I will thank your excellency to have 
the enclosed put in Rd. Enq. among the 'personals,' and also to send a courier 
through to me with a line to Hon. J. Thompson, stating the fact that the check 
was drawn and advising him to consult me in any future raids, &c. These 
raids, of which Mr. T. has said to me ' they have all gone wrong,' have only 
served to create additional espionage and vexation to our own friends, without 
materially crippling the enemy or hastening peace. We should strike hard 
when we do strike, or we beget hatred instead of fear." * * * "I also de- 
sire to express my conviction that much, very much, can be done from this side 
if you will give me time and money and these fruitless raids are stopped." 

It is probable that Stewart was insincere in his condemnation of the raids 
undertaken by Thompson, for in another paper, which was sent to Davis, 
he says : " In order to deceive the enemy, I will send to your excellency by 
signal corps an occasional communication decrying these raids, &c, as I have 
caused already a letter to be sent to Mr. B. containing a manifesto inciting the 
negroes in Washington city to revolt." In the communication last referred 
to he says^: " I propose that the men used here shall be formed into a partisan 
corps after present service, is performed, and each one be regarded as an officer 
who shall have the privilege of hiring five or more servants, (colored.") * * * 
We can enlist ten men here where the enemy can enlist one. Strategy of an 
aggressive character can be used here to tremendous effect. 

"If Colonel T. has already created so much alarm and annoyance (and I ac- 
knowledge it is very great and expensive) by so many failures, how much more 
can be done by one great success." 

It is probable, also, that a letter to Davis, dated Toronto, Canada West, 
December 12, 1864, in which he condemns the act of sending boxes of small- 
pox clothing to Washington, was written for the purpose of deceiving the au- 
thorities of the United States in reference to the character of the policy by 
which he and his associates in Canada were controlled. (The letter is, however, 
an admission that $100 public money was there paid to one Hyams, shoemaker, 
for services rendered in conveying boxes of small-pox clothing to be sold at 
Washington.) 

In the same letter he says : " I regard it as a kind and merciful providence 
that has delayed my own action by causing the check for $20,000, sent by the 
signal corps, to fall into the enemy's hands, for otherwise I should have been 
endangered by these abortive attempts of others;" while in his letter of the 



12 ASSASSINATION OF LINCOLN. 

30th of November he desires to have a t/iplicate of the check sent and a notice 
published in the Richmond Enquirer, of which the following is a copy : 

" The New York News will please advise Mrs. Jacobs that she is authorized 
to pay Mr. Richmond the amount specified by him for the benefit of my children." 

"J. DAVIDS." 

This notice is interpreted as a direction from Davis himself to Jacob Thomp- 
son to pay $20,000 of secret service money in Thompson's hands to Stewart 
for the purpose indicated in his communication to Davis of the 30th of No- 
vember. As will be seen hereafter, the secret service money was placed in the 
hands of Davis, and subject to his exclusive control, and applied to those pur- 
poses only that received his personal approval. 

On the 25th of October, 1864, J. P. Benjamin, secretary of state, writes to 
J. A. Seddon, as secretary of war, asking for a pass for Chaplain S. F. Cameron, 
who is, as he says, " employed with Mr. Stewart on a secret service, according 
to an understanding with the President, and the chaplain will want to pass 
through our lines on his way to Canada, accompanied by two friends." It ap- 
pears that the pass was given, and it establishes the fact that Stewart was the 
secret agent of Davis, following his directions, and that he was paid out of the 
secret service fund. 

It appears from the records obtained from Richmond that on the 15th of 
February, 1864, J. P. Holcombe was commissioned by Davis as special com- 
missioner to proceed to the British provinces, North America. He was di- 
rected to report at Halifax to the lieutenant governor. This despatch was 
signed by J. P. Benjamin. On the 24th of the same month Benjamin writes 
to Holcombe and encloses $8,000 to accomplish the object mentioned in his let- 
ter of the 19th instant. He says, further : " As this sum is furnished by the 
President from the secret service fund, your accounts will not pass through the 
treasury, but will be settled in this department." * * * " The re- 

maining three thousand dollars are paid in compensation of your personal ser- 
vices," &c. Benjamin then proceeds to say : 

" For any sum that you may pay out of these five tlnousand dollars under 
circumstances or for purposes that do not permit your taking receipts, you will 
furnish a certificate on honor, which will be received as a sufficient voucher." 

On the 14th of March, 1S64, J. A. Seddon, as secretary of war, authorizes 
one J. C. S. Blackburn to enlist a company of men, not to exceed fifty in 
number, for special service on the Mississippi river. In lieu of p^ - or other 
compensation they were to receive such percentage of the value of all property 
of the enemy destroyed by them as might be awarded by an officer selected 
by the department in charge of such duty, but in no case to exceed fifty per 
centum of the value. When Blackburn had enlisted twenty-five men he was 
to receive a commission as captain in the provisional army, but without pay. 
Other orders of a similar character were issued to various persons. Among 
others, J. Y. Beall was commissioned in the special service of the rebels for the 
destruction of our commerce on the Chesapeake bay and the northern lakes. 
This Beall is the person who was afterwards executed in New York. 

The following entry is in one of the books of the rebel war department, marked 
"Letters Received : " 

" Alston, Lt. W. Is a Lt. — Offers his services to rid the country of some of 
its deadliest enemies." 

Endorsed : 

" A. G. For attention. C." 

This letter is hereafter referred to and quoted by the committee, in connexion 
with other documentary evidence, tending to show that Davis entertained propo- 
sitions for the assassination of the principal officers of the United States govern- 
ment. 



ASSASSINATION OP LINCOLN. 13 

There is also a letter from R. A. Alston to the rebel secretary of war, dated 
" Headquarters Morgan's command, Decatur, Georgia, February 28, 1S64.' 
The writer says : " I addressed you a communication above ten days ago in 
regard to the matter which you were kind enough to discuss with me when I 
was in Richmond. I have anxiously awaited your reply, and for fear that my 
letter may have miscarried, I again take the liberty of calling your attention to 
the subject. General Morgan, with such of his men as he can get mounted, 
will start on an expedition in about eight days ; I will accompany him, unless 
I hear from you in the mean time." 

This communication may be from the person referred to as Lieutenant W. 
Alston. But in any event, both persons, if there were two, belonged to Mor- 
gan's command, and the letter of R. A. Alston is conclusive upon the point that 
the subject which he had discussed with Seddon when in Richmond did not 
relate to the business in which General Morgan was engaged with his command, 
as is apparent from the last sentence of R. A. Alston's letter. 

The following entries are found in books containing the record of letters re- 
ceived in the rebel war department: 

"J. Thompson, November 17, 1S6 4, relating to physicians. (Bureau of War 
Proper; Index of Letters Received, No. 4, page 411.") 

In the same volume is the following entry: "Doctor J. TV. Booth, November 
19, 1S64. Appeals. (Bureau of War Proper; Index, Letters Received, No. 4, 
page 43.") 

'The fact that the subject of Thompson's letter was "physicians," and that 
Booth is styled "Doctor," renders it probable that both letters relate to the same 
matter. The letters themselves have not been found. A letter was found 
among^the Clay papers, dated Toronto, September 2, 1S64. The address and 
signature in the original have been cut out, but upon the outside is an indorse- 
ment of the word "Young's." It is in the handwriting of C. C. Clay, junior. 
On the outside of the first sheet the superscription "Hon. 0. C. Clay, junior," 
has been partially erased. There cannot be much reason to doubt that the let- 
ter was written by Bennett H. Young to C. C. Clay, jr. The following is a 
copy of the communication : 

" Toronto, September 2, 1S64. 
" In accordance with your orders, I left St. Catharines Friday evening, August 
27, for Chicago, to engage with my company in the enterprise contemplated by 
yourself and Colonel Thompson for the release of Camp Douglas prisoners. 
F/pon reaching Chicago we found that already a strong guard had been col- 
lected and veteran regiments were still arriving. One regiment was placed in 
the enclosure with the confederates, and (16) sixteen pieces of field artillery 
were pai'ked ready to open upon those defenceless men in case an attack was 
made. It required no great amount of perception to see that an attempt to ac- 
complish our object would result not only in their indiscriminate slaughter, but 
our own certain death. Under the circumstances, Captains Hines and Castle- 
man decided to make no effort in that direction. We quietly waited until 
Wednesday night, hoping something would turn up by whfch we could benefit 
our suffering comrades and enhance the glory of the confederacy. It was then 
determined to make an attempt upon Rock island, if the copperheads would 
furnish a small portion of the long-promised aid. When brought to 'the test, 
Walker, Barrett, Dodd and company could not furnish 50 (fifty) men for the 
purpose. Hines and Castleman then admitted the thing a failure, and gave the 
men choice of returning to Canada or accompanying them to " Egypt," (south- 
ern Illinois.) The men, with few exceptions, decided to return. Thinking my 
instructions justified me, I ordered their return to Canada for the purpose of 
carrying out my original mission. After acting so unselfishly in this affair, and 
also obey ingstrictly my orders from Mr. Seddon, I was somewhat surprised to 



14 ASSASSINATION OF LINCOLN. 

find my own name and those of my men conpled with the epithet " deserter" 
by the other commissioner, and that to ladies in a public hotel. Had not my 
conduct been justified by my instructions, certainly the choice offered by Cap- 
tain Castleman would exonerate them as well as myself. I have a desire to 
sustain my reputation as a soldier. I was sent here to perform a mission. I 
yielded all to your request, and do you now deem it justice to me to return me 
to Richmond without even an opportunity to do that for which I was sent ? 
This other expedition failed through no fault of mine, and all I now demand is 
justice and a fair trial, which has certainly been accorded to others. Since 
being- here I have tried to do my duty, and hardly imagine you can charge me 
as failing to do the same. I ask nothing, nor make no demand, save that which, 
justice and equality accord. If money is scarce, little will suffice. 1 will inflict 
loss, and make one trip pay the expenses of the next. Colonel Thompson or- 
ders me home. I refuse, for two reasons : first, the secretary of war reserved 
that right, and nowhere is it delegated to Colonel Thompson alone to order me ; 
second, before an attempt and a failure to do that for which I was sent, have I 
any right to forego orders from Mr. Seddon in favor of those issued by Colonel 
Thompson? Again demanding justice, and a regard for my own reputation, 
" I remain, yours, respectfully," 

[Signature torn out in the original.] 

In apparent connexion with the foregoing letter is one from Jacob Thompson, 
which has been largely mutilated, but states that some person has received from 
Jacob Thompson in gold $93, 614 between July 29 and August 23, 1S64; $10,000 
of which was paid by J. P. Holcombe. Following this statement, Thompson 
says : " Above you will find account, as it appears on my books." He then 
proceeds to say : • 

" While I am not prepared to justify your belief that Barrett is a spy, yet I 
am fylly ssHisfied the whole effort has been a miserable failure. It is too 
late for Singleton to say this, since he has received and not accounted for 
$13,000 from this same spy. I agree with you that we have fallen into the 
hands of men whose performance has fallen tar short of their professions and 
apparent expectations. I shall take steps for my departure from this city, 
and from Canada. On yesterday, Mr. Burley, one of the Johnson Island 
men, was arrested. So we shall now have that affair fully ventilated. After 
the miserable failure at Chicago, by discovery, and the quiescent state of the 
northern public mind, I have but little hope of aid to the confederaoy from 
this quarter. I have been expecting you for some time. Enclosed you will 
find a letter from Mr. McGinnis, whom I advised to go to Montreal and pay into 
your hands the money he had obtained at St. Albans. He offered to pay me 
the money, and Avhen I told him I should at once turn it over to you, and 
therefore he had better pay it to you at once. And this he agreed to do. I 
suppose I shall see him no more. He wishes a statement from me, and it is just 
1 should detail for him our conversation. 
" Yours, truly, 

" J. THOMPSON." 

Although this letter is mutilated, and the name of the person to whom it is 
addressed effaced, it is- still apparent that it was written to C. C. Clay, jr. The 
letter itself furnishes internal evidence leading to the same conclusion. 

On the 15th of November, 1864, " J. D. Mclnnis," who is, undoubtedly, 
the person referred to in Thompson's letter, without date, writes to Jacob 
Thompson from Montreal, and says that, " upon arriving at this place, I found 
that the ' raiders ' had refused to give up their money to Clay, and that he had. 
left the place in a huff." Then he says : " I wish you to give me a letter, stat- 
ing the facts in the case, and that I expressed my willingness to give up the 
money to Mr. Clay, if it? would have any favorable bearing on the case of the 



I 



ASSASSINATION OF LINCOLN. 15 

prisoners. It seems extremely bar me [torn out in the original J that the 

prime mover in the affair should speak so severely of those who only did his 
bidding, and to whom he promised a release in twenty-four hours, provided 
they were arrested in Canada." 

This letter convicts Clay and Thompson of the crime of inciting and organ- 
izing a raid which resulted in the destruction of St. Albans. 

Another letter, dated Hamilton, September 20, is believed to be in the hand- 
writing of Bennett H. Youug, and a portion of the signature remains, showing 
that it was signed by Young. The name of the person to whoru it was written 
is not given. Some of the words are removed, but the meaning of the whole is 
very clear. The following is a copy : 

" Hamilton, September 20. 

" I am here this morning on my way to the falls to see Higbee, Denny & Co. The 
river has fallen five feet three inches in the last four days, and by a week from to-day 
will be in a condition for us to act. I am as hopeful and confident as of yore. I found 
an air-gun in Toronto — shoots thirty times and will kill a man eighty yards. 
1 had rather? though, you would send Huntley to New York. He is a splendid 
mechanic, and I think we can secure a better article at a cheaper rate than here. 

" Higbee, myself, and one other as a messenger, will leave Thursday or Fri- 
day for the scene of our operations unless you order otherwise. We can 
thoroughly arrange and perfect our plans by the time the men will be there. 
We will send you by messenger a concise and exact statement thereof. You 
can prepare" greenbacks for us and send them by my messenger. In, the mean 
time I will want for Higbee, Price, and myself five or six hundred dollars. I will 
send or come to-morrow. The air-guns will cost about twenty or twenty-five dol- 
lars in New York. They are needful, and will assist greatly in the safety, cer- 
tainty, and despatch of our work. Six or eight men have returned from southern 
Illinois. Most of them go with me. I will leave Denny as executive officer in 
my absence. I will see you probably no more ere the attempt is made. You 

know now all that I know. But, Mr. y, [torn out in the original] let me beg 

of you to be careful who you tell of our intentions. Nicol is a very imprudent 
man, and told all in Toronto that you said to him. Men may be brave and ef- 
ficient m active service, but this is a field in which gre dence [torn out in 

the original] and certainly sobriety is demanded. We can and must do our work, 
and that at an early day. I hope ere long to gratify you by a .report of success. 
All told I have now about twenty-seven men ; I hope to make it thirty. I will 
give you the directions in my report how to send me men. I will never return, 

Mr. y, [torn out in the original,] until I have done something. If thing 

[torn out in the original] else, may I destroy the northern border of Vermont and 
New Hampshire for 150 miles ? Jacobus returned from Windsor last night. I 
will come or send to-morrow. 
" Yours, truly, 

"BEN. H. Y.— G G." 

One J. B. Castleman appears to have been engaged in the west as the agent 
of Clay and Thompson in organizing secret societies and fomenting hostility to 
the government. The following letter was written by him, and, although the 
name of the person to whom it was addressed has been cut out, there is no doubt 
it Avas written to C. C. Clay, junior. The following is a copy as it appears on 
the files of the department, mutilated in some particulars : 

"Lookout, September 5, 1864. 

" Y.: 

"Dear Friend: I have directed Shultz to see you before going to Toronto, 
and hand you the communication he bears. If you consider it favorably, please 
attend to it with the least possible delay. I apply for such authority because 



16 ASSASSINATION OF LINCOLN. 

of knowing the immense good that may in that way be accomplished. I will 
make to you frequent reports of work accomplished. Another thing of the ut- 
most importance to me is the notification of the secretary of war of the cause of 
my detention, and a request made him that a notice to that . effect be sent to 
General Morgan. My company and regiment are 'D,' second Kentucky cav- 
alry. I shall rely upon your attending to this matter for me. I must confess I 
fear, at present, there is little hope for the accomplishment of any great good 
here. What can be done we will do, and shall rely upon the action of the peo- 
ple irrespective of their leaders. We will have no little difficulty in accom- 
plishing much except through the assistance of their influential men, but their 
shrinking from responsibility leads me to believe they will do little. I am making 
arrangements to hold nightly meetings, and, by addressing the country people, 
shall hope to do something. 

tf Hunter has c [torn out in original] adjoining district, and not having heard 

— . [torn out in original] Saturday, know not what he is effecting. The cause 

of Vallandigham and bis associates have had a very potent and equally unde- 
sirable influence upon the people. They are impressed with the belief tbat 
pledges of peace secured their co-operation, and to a peaceful solution they look 
with eager certainty. 

" Present my kindest regards to Ben. Young. Excuse me for reminding you 
again of the urgent necessity for secrecy in the matter submitted to you. 
Please, on receipt of these, do me the kindness to go yourself to see Mr. 
Thompson, and whatever be your decision, send Shultz back at once. With 
many thanks for the kindness extended to me, to my mother and sisters, and to 
my comrades when near you, believe me, with true sincerity, 
" Your friend, 

"J. B. CASTLEMAN." 

The following is a copy of a letter from the same person, addressed to " Gen- 
tlemen " — T. and C. — meaning, no doubt, Thompson and Clay : 

"Indiana, , September 24, 1864. 

" Gentlemen : You find herewith enclosed three extracts which will show 
for themselves. I regret to say that the greater portion of the business part of 
Cairo has been destroyed, and among the losses was some stock of my own 
which was sent "there for investment. I was also so unfortunate as to have 
some lost on the steamer Jersey* burned, a copy of which disaster you'll find 
herein. 

" For a few days past I have been in Indiana, and find business much more 
flattering than in Illinois. I return to the latter place to-day and so arrange 
matters in my 1 district as to give Hunter charge of the business there, and what 
can be done here I shall do in conjunction therewith. I am going to Indian 
apolis if a house can be opened there at a reasonable cost. If Hunter i3 near 
you remind him of the most urgent necessity of returning to his business. There 
never has been in this country such a time for a profitable business, and the 
time must be taken advantage of. The machine in motion, its use will radiate 
from the point it is introduced. We shall set up shop from within ten to twenty 
days ; and most likely about the former than the latter. 
" Most respectfully, your obedient servant, 

'"C. 

" Please deliver this to Messrs. T. and C." ' 

The following letter, which appears to have been written by Thompson to 
Clay, has reference to the preceding letters written by Castleman to Clay : 

* Partially erased in the original. 



ASSASSINATION OF LINCOLN. 17 



To [torn out in the original.] 

"Toronto, Canada West, Sej>tembcr 8, 1S64. 

"Dear Sir : The proposition of Captain Castleman embarrasses me. It is 
evident that no authority of ours can protect him from consequences; and as he 
and those to be organized by him are officers and soldiers of C. S. A , we have 
no power to make details. This service, if rendered, would be valuable, but 
there is no way that I know of but for them to act on their own responsibility. 
One thing is certain : an authority given by u^ if brought out, would place us 
in an awkward position to the Canadian authorities if a demand was made upon 
them by the United States. [Torn out in the original ] At all events, it is 

a dangerous subjec — die, [torn out in the original,] and one on which 

I feel unwilling to make documents which may be produced against us, and 
embarrass the parties who have them. 

" I gave Dr. Hunter and Castleman, to take the men to Chicago and take 
care of them afterwards, $24,000, and I write a letter to Castleman for our joint 
signature. If he wants money it is best for him to get it from Hunter — at all 
events, at first. 

" I wish to write to you on other subjects, but have no time now, as Shuts i.> 
in a hurry to return. 

•' I am endeavoring to put the best face on things. 
" Your obedient servant, 

" J. Th. [remainder torn out in the original.] 

The following correspondence discloses the character of the means of bring- 
ing about a civil war iu the west in the summer and autumn of 1S64, and re- 
veals the names of some of the persons engaged in the movement. The first 
letter is from C. C. Clay, junior, to Jacob Thompson. The following is a copy : 

"Wellan House, Saint Catharines, 

"July 11, 1864. 
■Hon. J. Thompson,* Montreal: 

"My Dear Sir: Walker goes off to-night to United States. He will try 
to prepare our friends to aid us in the contemplated move. Dr. Massey is here, 
son-in-law of Medary, and will stay until Friday. He is a high priest of the 
Sons of Liberty, and can be employed most usefully for us. He and W. might 
traverse Ohio, Indiana, and Illinois by 20th, and have all the organizations 
ready to act iu co-operation. You had best come down here immediately and 
let them know all the plans — they can be communicated to W. by a special mes- 
senger — that they may go to work at once. They are only advised that certain 
confed. escaped prisoners can be employed to start the ball for them if their 
people will join in the play. They think it will take the fancy of their people, 
and they will take a hand. They only fear they will not be prepared for it, 
and will be surprised and sjupefied without notice. You need not fear, as they 
are of the sworn brotherhood. Voorhies is to be here on Monday or Tuesday, 
and perhaps Ben. Wood. Indeed, I see people from the United States here 
daily who come to see me. You must not fail to come, and bring plenty of 
money. Indeed, you had best transfer your bank to Toronto. We can buy 
passes in United States which will serve our purpose, and two capital stump 
orators to travel anywhere. Come here as soon as you can ; the proprietor and 
all the people here are your friends. I send this by him. 

"Iu haste, truly yours, 

"C, Jr." 

* Blotted in the original. 
II. Rep. Com. 104 i 



18 ASSASSINATION OF LINCOLN. 

The following letter, without signature, was written by Clay to Thompson- 
This letter is addressed to " W. P. Carson," which was the assumed name of 
Jacob Thompson. The following is a copy ; 

"Niagara Falls, C. W., 
"Friday, July 29, 1864. 
"Mr. W. P. Carson: 

" Dear Sir : Our friend had left on my arrival. Your telegraph only reached 
H. a few minutes since, owing, it is said, to some derangement of the line. He 
has replied by telegraph to your note brought by me. He expresses himself 
much surprised and disappointed at it, because, he says, Rw. and himself both 
understood you to authorize the investment, and Rw. had, before leaving New 
York, arranged to obtain the goods, after consultation with D. and [in original 
here follow several words crossed out.] He says Rw., D. and Sv. all left New 
York with the belief that the goods would soon be sent in small lots to the different 
points of advantageous sale, especially to Indianapolis, where they are deemed in- 
dispensable. There is more formidable competition there than was expected — 
fully eight hundred well-equipped competitors. The hazard you suggest was 
fully canvassed, and it was resolved to take it, as the goods were indispensable. 
However, they did not deem the hazard great. The party interested in the 
sale understands that delivery must precede payment except as to a small part, 
which was to be advanced, and which Rw. left here with the intention of ad- 
vancing out of funds in his hands, and will doubtless do to-morrow, or before 
he can hear from us. He expected as soon as he [torn out in original] to pay 
for the goods to leave New York for the west to provide for their disposition in 
safe hands. He thinks the terms required would be offered Rw., because im- 
plying distrust of his fidelity, and, moreover, unnecessary, because in any event 
we must rely upon his fidelity for the faithful application of the money; hence 
he thinks it best not to communicate them to Rw., D., or Sv. At the same time, 
as their services are quite indispensable, he proposes that we forward the small 
portion of the sum required to be used as earnest of ability and purpose to pay 
on delivery, and he trusts you will provide the balance. He and I between us 
could make up about $3'0,000, if we can negotiate our drafts, besides the gold I 
might forward immediately by the special messenger. I think, on learning all 
the facts, it is best to take the risk, for at best we run the risk of the goods 
being unavailable even after delivery at the point of destination. I wish ycur 
concurrence as the venture. If you concur on this statement of facts telegraph 
me 'I accept your invitation.' If you Avill not, telegraph 'I am obliged to de- 
cline your invitation.' We fear your non-concurrence will lose the benefit of 
Rw.'s, D.'s, and Sv.'s aid. 

"Again, H. suggests, I think wisely, that your requirements are impracti- 
cable ; the delay of communicating to and fro would postpone the matter 
beyond the time when it must be closed. Rw. said every hour was important, 
as the whole matter must be arranged by him in a* short time. He preferred 
gold to be sent by special messenger. If it could not be had, then sterling bills 
of different amounts, which he could sell to different purchasers without ex- 
citing suspicion." 

[No signature j 

This correspondence connects Clay and Thompson with the treasonable or- 
ganizations in the west, which were designed to bring on civil war in that 
region of country. 

The following, without date, appears to be Thompson's reply to the foregoing 

communication. The signature is partially torn out, but the letters " J. Th " 

remain. The letter is- as follows : 



ASSASSINATION OF LINCOLN. 19 

" Dear Sir : Your proposition is agreed to substantially, while I fear the ex- 
periment as possibly leading to exposure. Such is the fear of B., with whom I 
have talked. But the party selling must be interested in getting the barrels 
and accompaniments to the place of destination." 

The original, of which the following is a copy, has this indorsement in pen- 
cil in the handwriting of Clay : 

" "Walker's letter of his purchase." 

"August 3, 1864. 
" The bearer has just arrived. His delay has been most unfortunate. My pur- 
chases amount to over $75,000. These were made by order. It has been very 
difficult for me to arrange, with the addition of the funds in my office, to prevent, 
trouble. I shall expect you to send me a draft to Indianapolis at the earliest 
possible moment for $10,000 in gold (or sterling.) This I wish to send here to 
square my accounts. My reputation is involved in this, and I trust that you 
gentlemen in whom I have confided will not leave me to suffer. It was under- 
stood that $50,000 (in currency) should be sent by me to Indianapolis. This 
answer ought to have been there before now. There are expenses to be in- 
curred there which cannot be avoided. If you have not sent the $50,000 please 
send $10,000 in gold coin, at the time you send the draft for like amount. I 
start west to-night. Let me impress upon you the necessity of haste. Lose 
not a moment. "X." 

The following letter, which appears to have been written by Thompson to 
Clay, has reference undoubtedly to a movement in the west designed to bring 
on civil war : » 

"Montreal, C. E., June 9, 1S64. 
" To [torn out] — y : 

" My Dear Sir : I have remained here for ten days waiting for you. TTorn 
out] to [torn out] appointment at Toronto [torn out] think I ought to go on. I 
wanted very much to see you and report progress ; but I cannot account for your 
delay. I hope no accident has happened. I have communicated with New 
York. A most sensible reliable gentleman has met me here. In the present 
state of things I do not think anything is opened to us there. I go where I 
may familiarize myself with the condition of things in the west. George Saun- 
ders has gone to see Mr. V. He came from abroad, (Europe,) to do what he 
says he did not know we were intrusted to do, and lie has gone on to do it- 
There is such a thing as spoiling broth by having too many hands in it. 
Cleary has been in Toronto for several days. He writes me to come on. I 
cannot do anything more for the present at this place. Li — [torn out] or hear 
from you as so — [torn out] as you get this. 

" Yours, truly, " J. T." 

The following letter, written by Thompson to Clay, relates also to the same 
subject : 

" Toronto, Caxada West, 

"June 11, 1S64. 
[•'Torn out.] 

"Dear Sir: Arrived here yesterday, and to-day I leave for Windsor, an 
arrangement having been made previously for my coming there. Here I be- 
came acquainted with Judge Moore, of Kentucky, a true man. He left for 
Cincinnati last evening, and agreed, if possible, to have an interview with Mr. 
Pugh, and I requested him to say to Mr. Pugh that you wished to see him. 
and would meet him at the Clifton House, or such place as he might select, 
He is to telegraph Mr. Cleary, and Mr. Cleary will notify you. I want you to 



20 ASSASSINATION OF LINCOLN. 

gee Mr. Pngh. Since I began to write this note I have been informed of your 
safe arrival at Montreal. When will you join me? because I should be glad 
to communicate all I know. I shall return from Windsor to this place — how 

soon I cannot say. I left a I left a note for — [torn out in original.] 

" I am. ve — [torn cut,] yr — ]torn out.] 

/ "J. T — [torn out.J"' 

The following letter, mutilated, written by James P. Holcombe to Clay, 
throw.- light upon the plans of the rebels in connexion with the conspiracies in 
the west :, • 

"Sunday Night, 10 J— [torn out.] 

"Clifton H 

" M y [torn out.J 

"My friend has just left me. As I said to you, he was at first overwhelmed 
with the responsibility of speedy decision on so momentous a subject. He has 
been thinking of it ever since, and met with an intelligent and active friend 
from his State, who came to see mc this evening, and who is sanguine as to 
immediate condition. My friend is not onl} r satisfied that the time has come, 
but is ready and anxious to prepare as rapidly as possible. He had pondered 
your inquiries as to the feasibility of certain matters, and has made such 
pertinent — [torn out] ortant suggestions as to co-operation — [torn out] ost. 
desirable for Carson to see him. I told you he would be one of the M. G. of 
his State. Our appearance, or his, under the circumstances, at Saint C. to- 
morrow would excite suspicion. He must leave in the 10 p. m. train. I write 
to beg Carson to come at 11, or, at all events, at 3.30. Let him come straight 
to my room, No. 7 ; and better not seem to know me, or to be seen with me. 
You [torn out] e him where the room is. Events in W. are likely to precipi- 
tate matters if a draft ordered. I am startled at the news, and feel that 
with activity and prudence Carson's designs may result in grandest denouement 
I fear to write more explicitly. I hope the asthma is better. If C. can come 1 
will look for no message ; if he cannot, telegraph how your asthma is, and I 
will know it means he cannot be here. In haste truly. 

" J AS — [torn out.] 

"This may inform you a few minutes advance of your paper that Wallace 
whipped, retreating in disorder, and burning bridges; General Tyler prisoner ; 
Colonel Seward wounded and prisoner; and advance yesterday at 11 a. m 
sixteen miles from Baltimore ; force supposed to be 20,000 : snme Memphis peo- 
ple I know here. 

" I believe Captain Cole true. Some Memphis people know him. He is not 
smart, but I expect a bold, desperate fellow, and have detained him, thinking he 
would be useful. I give him ten dollars and pay his bill, but Carson must put 
him on his account, and at a cheap house, till needed, if he wants him. If he 
does not, please drop a lino to that effect to me. If Carson is not there, detain 
him till he comes." 

The evidence examined and thus reviewed and presented by the committee 
upon the preliminary branches of the case establishes, or tends strongly to 
establish, the following propositions : 

First. The rebel authorities at Richmond proceeded systematically and crim- 
inally, and in violation of the dictates of our common humanity as well as of the 
usages of civilized war, to imprison, enslave, and destroy negroes employed aa 
soldiers in the armies of the United States. 

Second. They treated with gross injustice and brutal inhumanity those offi- 
cers who were taken prisoners of war while in command of negro troops who 
were in the service of the United States. 



ASSASSINATION OF LINCOLN. 21 

Third. They .-systematically, knowingly, and maliciously subjected soldiers 
of the United States, taken prisoners in war, to the horrors of disease, to brutal 
exposure to the elements, and to wasting, fatal starvation, and all combined 
making a chapter of horrors, sufferings, and woes which has no parallel in the 
annals of any other people, civilized or barbarous. 

Fourth. That Davis, Benjamin, Clay, and Thompson planned, organized, 
and incited the various schemes, expeditions, and conspiracies referred to in the 
testimony submitted, for the introduction of contagious and infectious diseases 
into the United States ; for the destruction of our commerce upon the rivers, 
lakes, and ocean ; for the release of prisoners at Johnson's island and Camp 
Douglas ; for the indiscriminate destruction of private property upon the border, 
and the murder of the inhabitants ; and, finally, for the overthrow of the govern- 
ment itself by the agency of secret and treasonable organizations in Canada and 
the States of the northwest. 

These criminal acts are a bar to the plea which otherwise, perhaps, might 
with force and reason be tendered, that Davis and his associates named were 
incapable of the great crime of assassination. 

Men who could remain quiet in the presence and with a full knowledge of the 
barbarities that were practiced by officers under their authority in the prisons 
and pens of Richmond, Andersonville, and Salisbury, and who justified them- 
selves to themselves by the consideration that it was necessary to accomplish 
what they had undertaken, cannot now plead that it is improbable that they 
should have procured the assassination of those who stood in the way of the ac- 
complishment of their design. It now remains for the committee to present the 
evidence tending more directly to implicate Davis, Benjamin, Clay, and Thomp- 
son in the assassmation of President Lincoln. 

We herewith submit copies of several papers found in the rebel archives, 
showing that propositions were made by different parties for the destruction of 
persons connected with the government of the United States, and in the indorse- 
ments thereon it appears that the propositions were not only not rejected but 
were entertained and considered. 

The first of these is a letter from a man named De Kalb, dated Richmond, 
June 19, 1S61, and addressed to the secretary of war. The writer says : 

" Your honor is undoubtedly aware that on the fourth of next month the north- 
ern Congress assembles, and that the federal Capitol, as well as the public build- 
ings, are undermined. In regard to this matter I very respectfully beg the 
honor of a few moments private audience. Most deferentially, your honor's 
obedient servant, 

" CAMILLE LA VALLIERE DE KALB." 

On this letter is the indorsement of the name of the. writer, date of the letter, 
and the phrase " About blowing up the Capitol at Washington." 

It seems from the following letter, dated June 20, 1864, that De Kalb had an 
interview with the rebel secretary of war, L. P. Walker, on the very day when the 
first communication by De Kalb was made ; and it seems also from De 
Kalb's letter of the 20th of June, 1861, that Walker did not hesitate to employ 
him on account of any objections he entertained against the performance of the 
deed, but for the reason that De Kalb was a stranger to him. The following 
is a copy of De Kalb's letter .of June 20, 1S61 : 

"Richmond, Javr. 20, 1861. 

" Hon. P. Walker, 

" Secretary of War, Southern Confederacy : 
" Sir : In reference to the subject upon which I had the honor to converse with 
you yesterday, and on account of which you bade me call to-day, I take here- 
with the freedom to address this most respectful writing to you. 



22 ASSASSINATION OF LINCOLN. 

"Your honor seemed to hesitate in giving me an affirmative answer to my state- 
ments because I were unknown to you. Permit me to remark, that notwith- 
standing I can give you no references in this country, I am, nevertheless, fully 
worthy your high confidence. My grandfather, Major General Baron De Kalb, 
fell in the revolutionary war of this country, at Indian Mills, Camden, North 
Carolina. I received an education proportionate to the means of my parents ; 
served in the Crimean war as second lieutenant of engineers ; family troubles 
induced me to leave my country ; 1 landed in Quebec, Canada East, in No- 
vember last ; arrived in Washington, District of Columbia, about three weeks ago. 

"This is a short outline of my history. But I cannot in the least perceive 
why your honor should hesitate because I am a stranger to you. The matter 
is, to my poor, ignorant, perception, nothing requiring either references or confi- 
dence, for I do surely not expect to reap personally any benefits before the 
strict performance of what I undertake. The task, I know, is connected with 
some danger, but never will it, in any event, become known in the north that 
the southern confederacy had anything whatever to do with it. 

"The whole transaction dissolves itself, therefore, into this one question: 

"Does the southern confederacy consider the explosion of the federal Capitol, 
at a time when Abe, his mirmidons, and the northern Congress members are all 
assembled together, of sufficient importance as to grant me, in case of success, a 
commission as colonel of topographical engineers, and the sum of one million 
dollars 1 If so, your honor may most implicitly count the transaction to be 
carried into execution between the 4th and 6th instant, and as good as already 
accomplished. I trust you will not press me in regard to the manner in which 
I intend to perform it, or anything connected with the execution. 

" In case of an affirmative answer there is no time to spare ; and to show you 
still further my sincerity, I will even refrain from asking for any pecuniary as- 
sistance in carrying the project through, notwithstanding my means are for such 
an undertaking very limited, and that some funds would materially lighten my 
task, diminish the clanger, and doubly insure success. But I beg you for a pass- 
port so as to travel by Ya. C., 0. and A. M., G. R. Us., as I intend to throw my- 
self at a convenient place into Maryland, and to enter Washington by way of 
Baltimore. 

" Very respectfully, your honor's most obedient servant, 

" C. L. V. DE KALB." 

Upon this letter is the indorsement in pencil, partially erased, (" See this 
man with Benjamin. File") The letter and the indorsement show that Walker 
not only received and considered the proposition contained in the letter, but 
that he had an interview with the writer, and that it was his purpose to have 
another interview with him in company with Benjamin, secretary of state. 

On the 12th of September, 1861, a letter was written to Jefferson Davis by 
J. S. Parramore, which was received, as appears by the indorsement, on the 
20th of the same month. The following is a copy: 

"Boston P. 0., Thomas County, Ga., September 12, 1861. 
"Jefferson Davis : 

" Sir : Having a desire to be of benefit to the Confederate States is the only ex- 
cuse I can offer for addressing you a letter ; and believing the best plan would 
be to dispose of the leading characters of the north, for that reason 1 have tried 
and experimented in certain particulars that will do this without difficulty, al- 
though it is quite an underhanded manner of warfare, and not knowing whether 
it would meet with your approbation or not prevents me from giving you a full ac- 
count of the material used, although I believe any one of them would take the 
life of a southern man in any manner they could. If you wish it write to me 
and get the whole process. Hoping you good health and future victory, 

"J. S. PAPPvAMORIv' 



ASSASSINATION OF LINCOLN. 23 

At the top of this letter, in the handwriting of Jefferson Davis, is the follow- 
ing note : " Secretary of War. J. D." Upon the back of this letter is this 
indorsement, under the name and residence of the writer : " Has discovered 
mode of disposing of the leading characters at north. File." 

On the 17th of August, 1S63, one H. C. Durham writes to Jefferson Davis 
a letter, of which the following is. a copy : 

"Headquarters Sixty third Georgia Regiment, 
" Thunderbolt Battery, near Savannah, Ga., Avgust 17,1863. 
"To President Davis. 

" Mr. President : After long meditation and much reflection on the subject 
of this communication I have determined to intrude it upon you, earnestly 
hoping my motives will constitute a full vindication for such presumption on the 
part of one so humble and obscure as myself; though I must say that the 
evidences of your Christian humility almost fully assure me. 

" I propose, with your permission, to assist in organizing a number of select 
men, say not less than three to five hundred, to go into the United States and 
assassinate the most prominent leaders of our enemies ; for instance, Seward, 
Lincoln, Greeley, Prentice, &c. 

" Considering it unnecessary to discuss the chances of success at this time, I 
will only say a few words as to the opinion of its effects. 

" I have made it a point to elicit the opinion of many men upon this subject, 
in whose good sense I have great confidence, and while a difference of opinion 
to some extent is almost inevitable, most have confidence in its benefits to us. 
The most plausible argument seems to be that, to impress upon the northern 
mind that for men in high places there to wield their influence in favor of the 
barbarisms they have been so cruelly practicing upon us, is to jeopardize their 
lives. For designing leaders there to feel that the moment they array hordes 
for our desolation, at that moment their existence is in the utmost peril, would 
produce hesitation and confusion that would hasten peace and our independence. 

" With these meagre suggestions upon this subject I will leave it for this 
time. 

" If you deem this matter worthy of any encouragement, and will so apprise 
me, I believe I can give you such evidences of loyalty and integrity of charac- 
ter as will entitle it to your consideration, so far as I am concerned. 

" I will say, however, that I was born and raised in middle Georgia. All 
my relationship and affections are purely southern. I was opposed to secession, 
but am now committed to the death against subjugation or reunion with men of 
whose instincts and moral character, till this war, I was totally ignorant. 

" If I have insulted any scruple or religious principle of yours I beg to be 
pardoned. 

" I neglected to state, in the proper place, that I am a non-commissioned offi- 
cer in the volunteer service. Begging your respectful attention to this commu- 
nication, 

" I am your excellency's most obedient servant, 

"H. C. DURHAM, 
" Co. I, 63d Reg. Ga. Vols., Savannah, Ga. 

" His Excellency President Davis, Richmond." 

This letter was received August 24, 1863, and is indorsed as follows : 

" Asks permission to take from three to five hundred men and assassinate the 
leading men in the United States. 

"Respectfully referred, by direction of the president, to the honorable secre- 
tary of war. 

"J C. IVES. Colonel and A. D. C. 

"August 24. File.'* 



24 ASSASSINATION OF LINCOLN. 

In addition to the testimony thus presented upon this point, the committee 
refer to a letter of Lieutenant W. Alston, which was produced at the trial of the 
conspirators for the assassination of President Lincoln, from which the following 
is an extract : 

" I now offer you my services, and if you will favor me in my designs, I will 
proceed, as soon as my health will permit, to rid my country of some of her 
deadliest enemies, by striking at the very hearts' blood of those who seek to en- 
chain her in slavery. I consider nothing dishonorable, having such a tendency. 
All I ask of you is, to favor me by granting me the necessary papers, &c, to travel 
on. * * * lam perfectly Jamil iar with, the north, and feel confident that I 
can execute anything I undertake. I was in the raid last June in Kentucky, 
under General John H. Morgan; * * * I and all of my command except- 
ing about three or four, and two commissioned officers, were taken prisoners ; 

* * * escaped from them by dressing myself in the garb of a citizen ; 

* * * I went through to the Canadas, from whence, by the assistance of 
Colonel J. P. Holcomb, I succeeded in working my way around and through 
the blockade. * * * I would like to have a personal interview with you, 
in order to perfect the arrangements before starting." 

The following are the indorsements upon the above communication : 

"A. 1,390. Lieutenant W. Alston, Montgomery, Sulphur Springs, Virginia — 

[no date.] 

"Is lieutenant in General Duke's command. Accompanied raid into Ken- 
tucky and was captured, but escaped into Canada, from whence he found his way 
back. Been in bad health. Noav offers his services to rid the country of some 
of its deadliest enemies. Asks for papers to permit him to travel within the 
jurisdiction of this government. Would like to have an interview and explain. 

"Respectfully referred, by direction of the president, to the honorable secre- 
tary of war. 

"BURTON N. HARRISON, Private Secretary. 

" Received November 29, 1864. 

"Recorded book A. A. G. O., December 15, 1S64. A. G., for attention. 

"By order: J. A. CAMPBELL, A. S. W." 

[See "Assassination of President Lincoln," by Ben. Pitman, p. 52.] 

The committee also call attention to the letter of W. S. Oldham, addressed to 
Jefferson Davis, at Richmond, February 11, 1S65, and reported at length in 
Pitman's " Assassination of President Lincoln," page 48, of which the following 
is a copy : 

" Richmond, February 11, lS6. r '. 
" His Excellency Jefferson Davis, PresH C. S. A. : 

" Sir: When Senator Johnson, of Missouri, and myself waited on you a few 
days since, in relation to the prospect of annoying and harassing the enemy 
by means of burning their shipping, towns, &c, there were several remarks 
made by you upon the subject that I was not fully prepared to answer, but 
which, upon subsequent conference with parties proposing the enterprise. I find 
cannot apply as objections to the scheme. 

" 1. The combustible material consists of several preparations, and not one 
alone, and can be used without exposing the party using them to the least dan- 
ger of detection whatever. The preparations are not in the hands of McDauiel, 
but are in the hands of Professor McCullough, and are known but to him and 
one other party, as I understand. 

"2. There is no necessity for sending persons in the military service into the 
enemy's country; but the work may be done by agents, and in most cases by 
persons ignorant of the facts, and therefore innocent agents. 



.ASSASSINATION OF LINCOLN 25 

'•I have seen enough of the effects that can be produced to satisfy me that in 
most cases, "without any danger to the parties engaged, and in others but very 
slight, we can, first, burn every vessel that leaves a foreign port for the United 
States ; second, we can burn every transport that leaves the harbor of New 
York, or other northern port, with supplies for the armies of the enemy in the 
south ; third, burn every transport and gunboat on the Mississippi river, as 
well as devastate the country of the enemy and fill his people with terror and 
consternation. I am not alone of this opinion, but many other gentlemen are 
as fully and thoroughly impressed with the conviction as I am. I believe we 
have the means at our command, if promptly appropriated and energetically 
applied, to demoralize the northern people in a very short time. For the pur- 
pose of satisfying your mind upon the subject, I respectfully but earnestly re- 
quest that you will have an interview with General Harris, formerly a member 
of Congress from Missouri, who, I think, is able, from conclusive proof's, to 
convince you that what I have suggested is perfectly feasible and practicable. 

" The deep interest I feel for the success of our cause in this struggle, and the 
conviction of the importance of availing ourselves ©f every element of defence, 
must be my excuse for writing you and requesting you to invite General Harris 
to see you. If you should see proper to do so, please signify the time when it 
will be convenient for you to see him. 

" I am, respectfully, your obedient servant, 

-■ W. S. OLDHAM.'" 

[Indorsement.] 

" Hon. W. S. Oldham, Richmond, February 12, 1S65. In relation to plan* 
and means for burning the enemy's shipping, towns, &c. Preparations are in 
the hands of Professor McCullough, and are known only to one other party. 
Asks the President to have an interview with General Harris, formerly a member 
of Congress from Missouri, on the subject." 

[Second indorsement.] 

" Secretary of State, at his convenience, please see Geneitd Harris and learn 
what plan he has for overcoming the difficulty heretofore experienced. 

"J. D. 
" 20 Feb'y, '65. 
" Rec'd Feb'y 17, I860." 

These documents are conclusive upon the point that Davis, Benjamin, and 
Walker, in the years 1861, '62, '63, '64, and '65, received, entertained and con- 
sidered propositions for the assassination of the chief members of the govern- 
ment of the United States, and thereupon a probability arises that they took 
steps to accomplish the purpose which for so long a period of time they enter- 
tained and considered. 

The testimony taken at the trial of the assassins justifies the inference that 
the murder of Mr. Lincoln was procured by the use of money furnished by the 
Richmond government. Louis J. Weichman states that Surratt arrived in 
Washington on the 3d of April, 1865, from Richmond ; that he there had had 
an interview with Davis and Benjamin, on or about the 25th of March preceding ; 
that Surratt had in his possession at that time a considerable quantity of gold, 
and that he remained in Washington but a few hours. Surratt is connected 
with Booth and with the assassination by an amount of testimony which can- 
not be controlled. Samuel Knapp Chester stated, upon the conspiracy trial that 
he was acquainted with Booth, and that Booth, on several occasions, tried to 
induce him to take part in kidnapping or murdering the President. At one 
time Booth sent him by letter the sum of $50. When Chester finally positively 
refused to take part in the crime, he returned the money to Booth — Booth say- 
ing, as he received it, that he would not allow Chester to do so but that he was 



20 ASSASSINATION OF LINCOLN. 

- i very short of funds, and that he or some other party must go to Richmond 
and obtain means to carry out their designs. 

The interview appears to have been as late as the month of February, 1865, 
and it is probable, in view of all the facts, that the visit of Surratt to Richmond 
md his return with funds was in obedience to the necessity disclosed by Booth 
in the conversation with Chester. The fact that Surratt was in the secret ser- 
vice of the Richmond government is proved by the testimony of James H. 
Fowle. This witness was himself in the secret service of the confederate gov- 
ernment, as agent of the state department, and his appearance before the 
committee, in obedience to the authority of the House of Representatives, was 
against his own wishes, and without any previous knowledge on his part. His 
testimony discloses the fact that he is in a degree an unwilling witness ; that 
he desired to avoid implicating the leaders of the rebellion in any criminal acts, 
and that he is still devoted to the cause of the rebellion. The committee were 
assured, however, that he is a man of truth. 

Fowle says that he was first acquainted with John H. Surratt in February, 
1865, but that he had heard, of him before. He knew he was an agent of the 
rebel government, and had heard of him as such from the 16th day of May, 
1863. He says he knew that Surratt was a bearer of despatches, and that he 
was in Richmond about January or February, 1S65. He states further that he 
thinks Surratt was a secret agent of the state department, but does not posi- 
tively know it; that "each agent was kept to himself. One did not know about 
the other." Benjamin told him Surratt was there, and Quinton Washington told 
him the same thing. This information from Benjamin and Washington he re- 
ceived on the 2d or 3d of March, 1S65. The testimony thus far adduced renders it 
certain that Surratt was employed in the secret service of the rebel authorities of 
Richmond ; that he probably received money in his capacity as agent from the 
state department; and hardly a doubt exists that the funds received by him 
were paid to Booth for the commission of the crime of assassinating the Presi- 
dent. Documentary evidence in possession of the government shows that 
the secret service fund was in the sole custody and under the exclusive control of 
Davis, and that no money was paid from that fund except by his authority. 
This fact appears from the correspondence between Benjamin and Holcombe, 
already quoted, and it is confirmed as the settled policy of the rebel govern- 
ment by correspondence between Benjamin and Seddon in January, 1865. On 
the 16th of January, 1S65, Seddon wrote a note to Davis, in which he says he 
has received a despatch from General Hardee, requesting that he may be furnished 
with funds for secret service. At the same time, as appears by the reply of 
Benjamin, of the same date, he encloses a letter from Thomas M. Conrad, a 
copy of which is herewith given : 

" King George County, Virginia, 

"January 10, 1865. 
•• Hon. James A. Seddon, Secretary of War : 

•■ Our agents write me from Washington for funds. Let me, therefore, give a 
statement and ask for an order. I received from the Hon. secretary of state, 
Mr. Benjamin, last September, $400 in gold, which yielded me $1,000 in north- 
ern funds. This has borne the expenses of Jive of us for four months, (includ- 
ing two horses,) averaging $50 a month therefor. You at once perceive the 
economy we have practiced. It would have been much more had we not used 
our private funds in many instances. If our services have been satisfactory, I 
would be obliged if the honorable secretary would, at his pleasure, remit a 
draft, which I can have cashed, I presume, and thus relieve us of embar- 
rassment, and encourage us to continue our labors. Commending it to your 
attention, 1 am, 

•• Respectful)', your obedient servant, 

" THOMAS M. CONRAD. 



ASSASSINATION OF LINCOLN. 27 

'' Upon hearing from you I shall leave for Washington, unless otherwise 
ordered by you. 

This communication was referred by Seddoii to the secretary of state. In 
reply to this reference and the enclosures Benjamin says : "There is but one 
way in which these funds can be given you. * * * It is necessary to ad- 
dress to the president a request that you be furnished with the money, and the 
exact sum must be stated so that be can draw a requisition." 

It thus becomes satisfactorily established that no money could be drawn from 
the secret service fund except by Davis himself. 

The facts that Surratt was in the secret service of the state department; that 
he was in Richmond on the 25th of March ; that he then had an interview with 
both Davis and Benjamin ; that he returned to Washington on the 3d of April, 
and there had in his possession a considerable sum of money in gold ; that he 
left for Canada and returned again to Washington on the 14th of April, and 
that his connexion and complicity with Booth in the assassination does not 
admit of doubt, present a mass of connected testimony implicating Davis directly 
in the assassination of the President which, in an ordinary trial for murder, would 
go very far toward the conviction of the person accused. 

It is also a significant fact that Booth, at the time of the assassination, had in 
his possession the same cipher which was used by Benjamin, as appears in the 
testimony given by Messrs. Dana and Eckert upon the conspiracy trials, page 
•11. It is, to be sure, possible that Booth might have obtained it from some 
agent of the rebel state department. But connected as he is, by the testimony, 
with Davis and Benjamin directly, by his own visits to Richmond, and indi- 
rectly through Surratt, the circumstance that he was in possession of the cipher 
used by Benjamin in the office of secretary of state leaves no room to doubt 
that he obtained it from Benjamin or Davis, and that it was the means by which 
the secret correspondence between the parties was carried on. 

It is not unimportant, in this connexion, to quote the words used by Davis 
when the despatch of John C. Breckinridge, announcing the assassination of 
President Lincoln, was read by him. Lewis F. Bates testifies that Davis re- 
marked, "Well, general, I do not know ; if it were to be done at all it were 
better that it were well done ; and if the same had been done to Andy Johnson, 
the beast, and to Secretary Stanton, the job Avould then be complete." These 
are not the words of a man who was either grieved or surprised, but rather the 
unpremeditated declaration of one who realizes that a crime which he anticipated 
has been committed but in part only, and at a moment too late to save a cause 
already rendered desperate by the conflicts and disasters of war. 

The remark made by Davis on the receipt of the intelligence that Mr. Lin- 
coln had been assassinated is in harmony with the conversation of his agents 
Thompson, Tucker, and others in Canada, as given by Richard Montgomery in 
his testimony in the " assassination trials." It is proper to say that Montgom- 
ery, in the year 1S64 and the early part of 1S65, possessed the confidence of 
Thompson and others, aud was frequently employed in the secret service of the 
rebel government. He has been examined by the committee, and they have en- 
tire confidence in his statements. He is now employed by the government of 
the United States, and as far as the committee have been able to ascertain, there 
is no reason to question his integrity v\ all particulars. He says in his testi- 
mony, (Assassination of President Lincoln, by Benn. Pitmau, pages 24, 25, 26:) 
"In a conversation I had with Jacob Thompson in the summer of 1864, 
he said he had his friends (confederates) all over the northern States, who were 
ready and willing to go any lengths to serve the cause of the south, and he 
added that he could at any time have the tyrant Lincoln, and any other of his 
advisers that he chose, put out of his way. 

"He would have but to point out the man that he considered in his way, and 



28 ASSASSINATION OF L1NOLN. 

his friends, as he termed them, would put him out of it and not let him k:\->\- 
anything about it if necessary, and that they would not consider it a crime when 
done for the cause of the confederacy. Shortly after Mr. Thompson told me 
what he was able to do, I repeated the conversation to Mr. Clay, who said. 
'That is so ; we are all devoted to our cause and ready to go any lengths, to do 
anything under the sun to serve our cause.' " Speaking of the events that oc- 
curred after the assassination, Montgomery says : " I have been in Canada since 
the assassination. A few days after, I met Beverly Tucker at Montreal. He 
said a great deal about the wrongs that the south had received at the hands of 
Mr. Lincoln, and that he deserved his death, and it was a pity he did not meet 
with it long ago. He said it was too bad that the ' boys had not been allowed 
to act when they wanted to.' ' The boys' was an expression applied to tin- 
confederate soldiers and others in their employ who engaged in raids, and who 
were to assassinate the President. I related a portion of the conversation I had 
had with Mr. Thompson to Mr. W. C. Cleary, who is a sort of confidential sec- 
retary to Mr. Thompson, and he told me that Booth was one of the parties to 
whom Thompson had reference ; and he said, in regard to the assassination, 
that it was too bad that the whole work had not been clone, by which I under- 
stood him to mean that they intended to assassinate a greater number than they 
succeeded in killing. Cleary remarked, when speaking of his regret that the 
whole worfi. had not been done, ' they had better look out ; we have not d®ne yet : 
and, ' he added, that they would never be conquered — would never give up.' 
Cleary said that Booth had been there visiting Thompson twice in the winter ; 
he thought the last time was in December. He had also been there in the sum- 
mer." 

******** 

" When Mr. Jacob Thompson spoke to me of the assassination, in January 
of this year, he said he was in favor of the proposition that had been made to 
him to put the President, Mr. Stanton, General Grant, and others, out of the 
way ; but had deferred giving his answer until he had consulted his government 
at Richmond, and that he was only waiting their approval. I do not know, of 
my own knowledge, that he received an answer ; my impression, from what 
Beverly Tucker said, was that he had received their answer and their approval, 
and that they had been detained waiting for that." 

In his testimony before the committee Montgomery says : " In almost every 
part of Canada, ranging from Montreal to Niagara Falls, including both points, 
and almost daily, when I was there, I heard Thompson, Tucker, and Clay cer- 
tainly use threats in general terms against officers of the government, and 
especially against Mr. Lincoln, in a manner like this : • They had better look 
out for themselves ; our people are getting exasperated : they will get them- 
selves into trouble they little dream of.' " 

Thus it is seen that there is substantial harmony between the evidence fur- 
nished by the official documents found in the hands of the rebel authorities 
and the testimony of Montgomery as to the participation of Davis, Thompson, 
Clay, Cleary, and others, in the scheme for the assassination of the. President. 

When the committee entered upon this investigation in April last, the evidence 
in the War Department, if accepted as true, was conclusive as to the guilt of 
Jefferson Davis. 

The Judge Advocate General had taken the affidavits of several persons 
who professed to have been in the service of the rebel government and who 
had heen present at an interview between Surratt and DaAis and Benjamin. 

Those affidavits were taken by the Judge Advocate General in good faith, 
and in full belief that the affiants were stating that only which was true. 

The statements made by these witnesses harmonized in every important par- 
ticular with facts derived from documents and other trustworthy sources. The 
committee, however, thought it wise, to see and examine some of the persons 



ASSASSINATION OF LINCOLN. 29 

whose affidavits had been taken by Judge Holt. Several of the witnesses 
when brought before the committee retracted entirely the statements which 
they had made in their affidavits, and declared that their testimony as given 
originally was false in every particular. • 

They failed, however, to state to the committee any inducement or consider- 
ation which seemed to the committee a reasonable explanation for the course 
they had pursued ; and the committee are not at this time able to say, as the 
result of the investigations they have made, whether the original statements of 
these witnesses are true or false. But the retraction made by some of them 
deprives them of all claim to credit, and their statements so far impeach or throw 
doubt upon the evidence given by other witnesses, whose affidavits were taken 
by Judge Holt, that the committee in the investigations they have made, and in 
this report, have discarded entirely the testimony of all those persons whose 
standing has been so impeached. On the other hand, the committee have relied 
very largely upon documents found in the rebel archives, and have introduced 
only the testimony of those persons whose reputation for truth and veracity has 
not been impeached by any of the investigations that have been made. 

Nor has it been the purpose of the committee to draw unnatural or forced in- 
ferences from the trustworthy testimony which they have examined, but rather to 
present to the House a truthful statement of the facts. The committee are of 
opinion that it is the duty of the executive department of the" government, for a 
reasonable time and by the proper means, to pursue the investigation for the pur- 
pose of ascertaining the truth. 

If Davis and his associates are innocent of the great crime with which they 
were charged in the President's proclamation, it is due to them that a thorough 
investigation should be made, that they may be relieved from the suspicion that 
now rests upon them. 

If, on the other hand, they are guilty, it is due to justice, to the country and 
to the memory of him who was the victim of a foul conspiracy, that the origi- 
nators should suffer the just penalties of the law. The committee are of opinion 
that the work of investigation should be further prosecuted, and they therefore, 
in conclusion, recommend the adoption of the following resolutions: 

Resolved, That there is no defect or insufficiency in the present state of the 
law to prevent or interfere with the trial of Jefferson Davis for the crime of 
treason, or any other crime for which there may be probable ground for arraign- 
ing him before the tribunals of the country. 

Resolved further, That it is the duty of the executive department of the 
government to proceed with the investigation of the facts connected with the as- 
sassination of the late President, Abraham Lincoln, without unnecessary delay, 
that Jefferson Davis and others named in the proclamation of President John- 
son, of May 2, 1865, may be put upon trial, and properly punished if guilty, or 
relieved from the charges against them if found to be innocent. 



30 ASSASSINATION OF LINCOLN 



Mr. Rogers, the minority of the Select Committee on the Assassination of 

Lincoln, submitted the following as (he 

MINORITY REPORT. 

The undersigned, a minority of the Judiciary Committee, to whom was re- 
ferred an investigation as to what complicity, if any, Jefftrson Davis, Clement 
C. Clay, George N. Sanders, and others had in the assassination of Mr. Lincoln, 
beg leave to report: 

When I entered upon the duties of this investigation I did so with a deep 
sense of the importance, difficulty, and delicacy of the task, imposed upon the 
committee. The government, by the offers of enormous rewards and the wording 
of its proclamations, spread over the land a belief that Clement C. Clay, George 
N. Sanders, Jefferson Davis, and others were, or might be, implicated in the 
assassination of the late President, Abraham Lincoln. The historic importance 
and "record of the accused were of a character to make the truth of this charge 
a disgrace, not only to any one particular section of the country, but to the 
whole of it ; and^the additional crimes thereafter imputed to them were of that 
awful nature which, when they are committed by men who have sat in its high 
places, they blacken the civilization of the nation in which they were trained 
and preferred. 

On the other hand, if it should turn out that those charges had been lightly 
made, and without satisfactory evidence as to a probability of their truth, the 
government so solemnly making them must needs suffer in the esteem of all 
good men as being lacking in coolness during a general excitement, and as 
sharing a fear which it was its province to dispel. 

Knowing the entire unreliability of any testimony whose origin cannot be 
traced beyond a professional detective, especially when large rewards stand out 
in placarded prospective,! determined, as far as in me lay, to give to every 
shred of evidence presented as thorough an examination as I might be capable 
of bestowing upon it ; and in this spirit, with no desire to convict or to acquit 
capable of mastering my wish to educe the truth, I tried to ascertain it. and 
this report is the result of the effort. 

For some reason or reasons not fully stated, the majority of the commiif; i 
determined to throw in my way every possible impediment, not only in any 
assistance I might try to render them in what I considered a common task upon 
us by the House, but even in my working out any conclusion for myself, win:: 
it became evident that in this thing they not only would have none of my 
assistance or fellowship, but resented deeply any attempt of mine to render any. 

I felt I must work out my own convictions, not with the committee, but in 
spite of it. The papers were put away from me, locked in boxes, hidden ; and 
when I asked to see them, I was told, day after day and week after week, that 
I could not. All sorts of reasons were assigned for this, sometimes one. some- 
times another; and, finally, I was told I should not. 

The House will recollect I brought the matter before it, and that the Speaker 
decided I was not entitled to see the papers on which my opinions, as member 
of that committee, must be based, till such time as the other members of the 
committee chose to allow me, by saying they were done with them ; and it was 
not till twelve o'clock yesterday that I was allowed freely to look through 
them, and derive any knowledge based upon examination for the purposes of 
'his report. It was said the interests of the government required that no::.- 
should see these papers save and only Mr. Boutwell, the honorable membei 
from Massachusetts, who was preparing the majority report. I felt hurt at this, 
but I should not have alluded to this strange action on the part of the corn- 



ASSASSINATION OF LINCOLN. 31 

mittee but that it was necessary to explain any lack of brevity and clearness 
that may be apparent in portions, 'or in the whole, of this report, which, await- 
ing the right to see the papers, or rather the power, I did not commence till too 
late. If, therefore, this report be longer than it need to have been, or if it be 
•less clear than such a report ought to be, the cause must be found in those 
reasons which induced my colleagues of the committee to endeavor to keep me 
in the dark till it was too late for me to use the light. 

As the members of the committee are members of this house, I will not pre- 
sume to say they had any fear of an investigation of their doings in their ex- 
aminations. As they are gentlemen, and bound by that character not to hide 
the truth, or any part of it, ! I will not say they kept me in the dark to the last 
hour to prevent my making any raport at all, but this I must say in justice to 
myself, that had they allowed me to use the usual privileges from which thev 
excluded me, this report would have been of more benefit to the cause of justice 
and of truth than I can now hope to make it. I should also have accompanied 
the deductions of this report with ampler extracts of the testimony, showing 
conclusively the existence and fostering, the hiring and the paying, of the most 
wicked combination of perjurers the world has ever known. 

The main portions of the testimony alleged to connect Mr. Davis and others 
with the assassination of Mr. Lincoln were all taken in the absence of Mr. 
Davis and of any counsel for him and of any person capable of cross-examining 
and explaining the testimony. In the words of the late Attorney General. 
" Most of the evidence upon which they are based was obtained ex parte, with- 
out notice to the accused, and while they were in custody in military prisons. 
Their publication might wrong the government." Mark, the government, no: 
the accused. The Secretary of War, February 7, 1S66, writes to the Presi- 
dent that the publication of the reports of the Judge Advocate General on this 
matter " is incompatible with the public interests." This report, in the testi- 
mony it quotes, will show that the interests of the country would never have 
suffered by the dispensing with illegal secrecy ; but that the interests and fame 
of the Judge Advocate General himself would suffer in the eyes of all the truth- 
loving and justice-seeking people on earth. 

Secrecy has surrounded and shrouded, not to say protected, every step of 
these examinations, and even in the committee-room I seemed to be acting with 
a sort of secret council of inquisition, itself directed by an absent vice-inquisi- 
tor, and grand inquisitor too. 
* How such an un-American mode of procedure for the discovery and prosecu- 
tion of crimes cognizable by the civil tribunals of the country could ever exist 
in it I find it impossible to fully understand or explain. 

The substance of the testimony rendered before the committee, viva voce and 
documentary, is fresh in my memory, and also the result of some of the inves- 
tigations made into their credibility. It was in ascertaining the latter that I 
found myself forced to travel over the nebulous and extended region of the so- 
called " assassin trial." 

There are two reports of this trial. One approved by Mr. Holt, revised by 
Mr. Burnett, and the Associated Press report, published by Peterson & Co., 01 
Philadelphia. Whatever of suspicion may naturally attach to the former, none 
can to the latter. 

It will be remembered by the House that four persons were hung by the un- 
constitutional tribunal referred to ; and that it was before this house, court, com- 
mission, or whatever you choose to call it, that Jefferson Davis was, after tin- 
military manner, charged with " combining, confederating, and conspiring" with 
Booth, Surratt et al. The specification to the charge went still further, for that 
accused them with inciting and encouraging John Wilkes Booth ct al. 

At this trial the first and most important part of a long tissue of falsehoo is 
was introduced to connect Mr. Davis with the assassination. 



32 ASSASSINATION OF LINCOLN. 

The parties unconstitutionally killed through the subservient instrumentality 
of this so-called court or commission were all charged with conspiring with 
Davis, and it did seem strange to me that neither they nor their counsel made 
such examination of the witnesses to this as might have been expected. Tin 1 
reason ^vm obvious enough, however. 

In the progress of that trial every precaution taught by ages of experience 
and sanctified by authority was set aside. 

The prisoners, said to have been incited to murder, by bullet, by infection, 
by arson, and by poison, by Jefferson Davis, were brought to hear these 
charges and specifications with irons upon them, with irons, too, of an unusual 
construction, irritating and painful, well calculated to distract their attention 
from the sayings of the military prosecutor. The House will remember that. 
since the trial of Cranbourne, in 1696, tried for conspiring against the life ot 
the King of England, for raising a rebellion in aid of a foreign enemy, no 
prisoner has ever been tried in irons before a legitimate court anywhere that 
English is spoken. The chief justice of England said : 

"Look you, keeper, you should take off the prisoners' irons when they are 
at the bar, for they should stand at their ease when they are tried." 

But the parties alleged to have been incited by Mr. Davis did not bo stand, 
but stood in constrainment and in pain, with their heads buried in a sort of 
sack, devised to prevent their seeing ! In this plight, from dark cells, they 
were brought to be charged with having been incited by Mr. Davis, and to it 
they pleaded not guilty. 

As the congressional committee believe secrecy necessary, as the Attorney 
General that was recommends it, and the Secretary of War orders it, so that 
court practiced it ; and it was in secret, with closed doors, the perjured reporter 
present, that the chief testimony alleged to implicate Mr. Davii} was taken ; 
and this testimony would not now be publicly known had it not been published 
in Cincinnati, through Pitman's violation of his oath. 

Having arrived at the manner in which this testimony was taken, there now 
remained for me only to ascertain how far it could be relied on, and what it pro- 
fessed to prove. It is a theory of courts military that when the accused are un- 
provided with counsel, the prosecutor, technically termed "the judge advocate," 
shall defend the accused as well as plead the accusation — in fact, be a sort of 
amicus curia, not only to the court, but to the accused. Messrs. Davis, Clay, 
Thompson, et ah, had no counsel of course, and the only lawyer for the other^ 
accused, capable of grasping the subject, was insulted by the court in a manner 
so repugnant to personal self-respect and professional dignity that he left it, and 
in lieu of cross-examining testimony was forced to confine himself to the pro- 
duction of an argument against the constitutionality of the court — an argument 
whose soundness has been indorsed by the decision of the Supreme Court in 
the habeas corpus case of Milligan, Bowles, and Hersey. The lawyer so in- 
sulted and so feared was a senator of the United States, whose reputation is 
second to none in this country ; once an Attorney General of the United States 
and for years the leader of its bar. 

That I should be jealously excluded by the committee from investigating the 
testimony Iieverdy Johnson was thus prevented from testing; that the gentle- 
man from Massachusetts and the chairman of the committee should use towards 
me the very same measures and means adopted by Generals Hunter and Harris, 
must, it would seem, be due to their acting under similar motives. 

It was therefore natural that in trying to investigate the charge of complicity 
made against Mr. Davis, this continual attempt at secrecy, these unusual mean- 
to prevent any searching examination into the reliability of the testimony, should 
lead me to suspect that these charges were hastily and lightly made, and that 
the President had been misinformed, and wilfully or recklessly misled when he 



ASSASSINATION OF LINCOLN. 33 

fulminated a charge so dire against men so prominent, and just then the observed 
of the nation. This secrecy on the part of the court, this avoidance of legiti- 
mate scrutiny, led me to conclude that my first duty was to ascertain the char- 
acter of the witnesses, lo sift it thoroughly, and to ascertain by what, if any, 
motives they were actuated in the delivery of their oral evidence and written 
affidavits. 

Sanford Conover, the principal witness and originator of all the oral testimony 
relevant, procured by the Bureau of Military Justice to establish the guilt of 
Davis, was examined by the Committee on the Judiciary. The method of his 
examination was this : The testimony he had given at the mock-trials on the 
20th day of May, 1865, was read to him, and he said it was all true. In that 
testimony he was asked, being duly sworn : "Question. State your full name 
and present place of residence. Answer. Sanford Conover, Montreal, Canada." 

On the Sth of June I find he swore " upon the Holy Evangelists " that his 
name is not Sanford Conover, but James Watson Wallace, and in the same posi- 
tive manner he denies under oath in Canada all he swore to in Washington, and 
ends by making the following proposition : 

" Five hundred dollars reward will be given for the arrest, so that I can bring 
to punishment in Canada, the infamous and perjured scoundrel who recently per- 
sonated me under the name of Sanford Conover, and deposed to a tissue of false- 
hood before the military commission at Washington. 

"JAMES W. WALLACE." 

Conover having finally admitted that he and Wallace were one man with two 
names, and Wallace swearing that Conover is a scoundrel whose testimony be- 
fore the military commission was but a tissue of falsehoods, might well relieve 
me from all analysis of the testimony given by him until such crime as perjury 
in two courts, delivered from any motive, becomes a certificate of truth telling 
in the other. 

It were needless to detail here tvhat Conover, alias Wallace, deposed to at the 
mock-trial, and that is the testimony of his which Mr. Holt forwarded to the 
Judiciary Committee. A garbled report of it by Pitman, bearing the unsatis- 
factory authentication of Messrs. Holt and Burnett, will be found in Pitman's 
report, page 28. A report correct to a word, taken by the reporters of the Sen- 
ate corps, and given by Holt to the Associated Press, will be found in the Asso- 
ciated Press copy of "The Conspiracy Trials," published in Philadelphia by 
T. B. Peterson & Bros., page 137. 

The testimony of Conover, had it been credible, would establish the guilt of 
Jefferson Davis, George N. Saunders, Jacob Thompson, Clement C. Clay, Dr. 
Blackburn, Beverley Tucker, Wm. C. Cleary, Lewis Castleman, the Rev. M. 
Cameron, Mr. Porterfield, Dr. M. A. Pallin, Captain Magruder, General Frost, 
and General Carroll, with whom he says he was intimately acquainted in Mon- 
treal, Canada, where he had resided from October, 1864. He says he saw Sur- 
ratt on the 7th of April, 1865 ; describes him, and says he heard a conversation 
between him and Jacob Thompson, in the room of the latter, whence it appeared 
that Surratt had brought Thompson despatches from Richmond, one from Ben- 
jamin, and also a letter in cipher from Mr. Davis. " Previous to that," 3ays 
Conover, " I had had conversation with Mr. Thompson relative to the plot to 
assassinate Mr. Lincoln and his cabinet, and I had been invited by Mi-. Thomp- 
son to participate in the enterprise." Thompson laid his hand on the despatches 
brought by Surratt, Conover asserts, and said, " This makes the thing all right," 
referring to the assent of the rebel authorities. Mr. Lincoln, Mr. Johnson, the 
Secretaries of War and of State, Judge Chase, and General Grant were to be 
the victims. 

Conover asserts his first interview with Thompson was in February, 1S65, 
and that at that first interview Thompson said to him, " Some of our boys are 
H. Rep. Com. 104 3 



— 



34 ASSASSINATION OF LINCOLN. 

going to play a grand joke on Abe and Andy." The joke, Thompson explained 
to Conover at this first interview, was to kill them, and at this same interview 
Conover says that Thompson explained to him that the killing of a tyrant was 
no murder ; that it was only a removal from office. Thompson told Conover, 
too, that he had commissioned Booth, and all engaged to do the killing would 
receive commissions, and if they escaped to Canada they could not be successfully 
claimed under the extradition treaty. 

Conover states, further, that the very day of the assassination, or the day be- 
fore, he had a conversation with Cleary at the St. Lawrence hotel, Montreal. 
They spoke of the rejoicings in the north over the surrender of Lee, and Cleary, 
according to Conover, said they would put the laugh on the other Bide of their 
mouths in a day or two, and, adds Conover, " the conspiracy was talked of at 
that time about as commonly as one would speak of the weather." 

Conover asserts, also, that Saunders spoke to him freely about Booth, and 
feared the latter would make a fizzle, he being reckless and dissipated. 

Conover said he was all this time correspondent of the New York Tribune. 

Conover further deposed to a proposition being made to destroy the Croton 
dam at New York to distress manufactories, and to distress the people generally; 
to Thompson's saying that the whole city would soon be destroyed by fire. 
Conover said he saw neither Payne nor Atzerodt in Canada, nor did he there 
ever hear the name of Mary E. Surratt. He said that while in Canada he went 
by the name of James Watson Wallace. 

Mr. Thompson had told Conover, he says, that he thought the assassination 
of Mr. Lincoln and the cabinet would meet the approval of the government at 
Richmond. That was in February ; aud in April, when Surratt arrived from 
Richmond, Mr. Thompson, says Conover, referred to the despatches brought as 
having furnished the assent. 

Having thus testified to a connexion between the government at Richmond 
and the assassins in Washington, via Canada, Conover next testifies to the in- 
fection plot. 

He says one Dr. Blackburn packed a number of trunks with infected clothing. 
Blackburn represented himself as an agent of the Confederate States of America, 
as Thompson did. Blackburn offered, according to Conover, to pay several 
thousands of dollars to Mr. John Cameron if he would accompany him to Ber- 
muda to take charge of goods infected with yellow fever and bring them to New 
York city. Cameron, fearing the fever for himself, refused. , Jacob Thompson 
was the money man furnishing the funds. Jacob Thompson and Mr. Cleary, 
Conover knows, approved of and were interested in this design, and he thinks 
Lewis Saunders was present when Blackburn spoke of this enterprise. 

In June, (or rather January, according to the correct report of his testimony,) 
the idea of poisoning the Croton reservoir was discussed. Blackburn knew the 
capacity thereof, and had calculated the amount of strychnine and other poisons 
necessary. Thompson thought they could not get enough poison together with- 
out exciting suspicion. Blackburn thought he could. Dr. Pallin, of St. Louis 
Dr. Stuart Robinson, Lewis Saunders, and Cleary were present at this discus- 
sion, approved it, and Dr. Pallin and others thought it could be managed from 
Europe. 

Conover says he saw Surratt in Canada three or four days after the assassina- 
tion, where, hearing officers were on his track, he fled. 

Then, says Conover, " When Mr. Thompson received the despatch from Rich- 
mond in April assenting to the assassination, there were present Mr. Surratt, 
General Carroll, of Tennessee, I think Mr. Castleman, aud I believe there were 
one or two others in the room sitting further back. General Carroll participated 
in the conversation, and expressed himself as more anxious that Mr. Johnson 
should be killed than anybody else. He said if the damned prick -louse were 
not killed by somebody he would kill him himself. His expression was a word 



ASSASSINATION OF LINCOLN. 35 

of contempt for a tailor, so I have always understood. At this interview it was 
distinctly said that the enterprise of assassinating the President was fully con- 
firmed by the rebel authorities at Richmond." 

Booth, says Conover, went by the nick-name of Pet, and Conover adds that 
he saw him in conversation with Thompson and Saunders, and heard him so 
called by Cleary. 

Conover, on the 27th of June, being sworn, was asked if the following testi- 
mony was given by him on October 19, 1S65, in the St. Albans case. 

He said yes ; but that it contained the testimony of other Wallaces who tes- 
tified. 

James Watson Wallace on his oath says : " I am a native of Virginia, one 
of the Confederate States ; I resided in Jefferson, in said State ; I left^hat State 
in October; I know James A. Seddon was secretary of war hist year. * * * 
When I was in Virginia I lived in my own house until I was burned out, and 
my family were turned out by the northern soldiers. 

["The counsel for the United States object to the whole of this evidence as 
illegal, irrelevant, and foreign to the issue, and consequently decline to cross- 
examine.] 

"J. WATSON WALLACE." 

The testimony of Merritt was not, as already stated, accusatory of Mr. Davis, 
but of those persons who, according to Conover, acted for Mr. Davis, or with 
his assent, in Canada. 

Merritt says he was introduced to George N. Sanders by Colonel Steele ; that 

he, Steele, said of Lincoln that the d d old tyrant never will serve another 

term if he is elected; and that Sanders then said he, Lincoln, would keep him- 
self mighty close if he did serve another term. 

"About the middle of February a meeting of rebels was held in Montreal, to 
which I," says Merritt, "Was invited by Captain Scott. I should think there 
were ten or fifteen persons present. Among them were Sanders, Steele, Scott, 
George Young, Byron, Hill, Caldwell, Ford, Kirk, Benedict, and myself. At 
that meeting a letter was read by Sanders, which he said he had received from 
'the president of our confederacy,' meaning Jefferson Davis, the substance of 
which was that if the people in Canada and the southerners in the States were 
willing to submit to be governed by such a tyrant as Lincoln he did not wish to 
recognize them as friends or associates, and he expressed his approbation of 
whatever measures they might take to accomplish this object. The letter was 
read openly in the meeting by Sanders, after which it was handed to those 
present, and read by them, one after another. Colonel Steele, Young, and Hill, 
and I think Captain Scott, read it. I did not hear any objection raised." 

Merritt goes on to say that Sanders then named a number of persons who 
were willing and ready, as he said, to engage in the undertaking to remove the 
President, Vice-President, cabinet, and some of the leading generals, and that 
there was any amount of money to accomplish the purpose, meaning the assas- 
sination — the names of Booth, Harper, Randall, and Harrison, (Surratt,) and one 
Plug or Port Tobacco (Herold.) Sanders said, according to Merritt, that Booth 
Avas heart and soul in this project, because Beall, hung in New York, was his 
cousin. Sanders thought disposing of the leading men would satisfy the people 
they had friends in the north, and incline them to grant the south better terms. 

Merritt says also that on the 5th of April last, in Toronto, he met Harper and 
Ford. Next morning Harper, Caldwell, Randall, Holt, and a man called Texas 
met him at the Queen's hotel and said they were going to the States to kick up 
the damnedest row that had ever been heard of. An hour or two after meeting 
Harper again, Merritt says Harper told him if he did not hear of the death of 
Old Abe, and of the Vice-President, and of General Dix in less than ten days, 
he, Merritt, might put him down as a damned fool. This was the 6th of April. 



36 ASSASSINATION OF LINCOLN. 

Booth was mentioned as being in Washington. On the 8th of April Merritt Bay - 
he found that Harper and Caldwell had started for the States. 

Merritt says he then went to Squire Davidson, a justice of the peace, to have 
them stopped ; but Davidson thought the thing too ridiculous to notice. 

[The only justice of the peace of that name in Canada denies any such in- 
formation being given him by Merritt at all.] 

Merritt says that in February, I860, Clay told him in Toronto that he knew 
all about the letter Sanders had exhibited at the meeting in Montreal, and on 
Merritt asking what he thought about it, replied he thought the end would 
justify the means. Merritt swore to Aiken, in cross-examination at the trial, 
that he had never received one dollar from the government for furnishing any 
information from Canada, nor had he received anything "from the rebels for 
services rendered them." 

To all this Merritt swore. I cross-examined him under oath, and in that cross- 
examination he contradicted all the foregoing, and admitted that he had received 
in actual pay from the government of the United States, through the War De- 
partment, for his testimony and services, the sum of six thousand dollars in the 
aggregate. And that cross-examination, fully disproving his testimony in chief, 
the committee would not allow the reporter to translate from his notes. 

The testimony of Conover being wholly invalidated by his contradictions, 
would amount to nothing unsupportable, with its evident perjuries unexplained. 
When Mr. Holt forwarded it with the rest he accompanied the whole with an 
explanatory argument whose every sentence is redolent with the logic of prose- 
cution, and to me it almost felt as if it revealed something of personal motive in 
the conviction. There is certainly nothing in it of the amicus curia spirit, 
nothing of the searcher after truth, nothing but the avidity of blood of the mili- 
tary prosecutor. The sending of any argument to convince the committee was 
in itself a step of doubtful propriety, as the committee was supposed by the rep- 
resentatives of the nation to be able to draw their own conclusions from the 
testimony, and hence were appointed to do so ; and the House, by appointing 
them, had given the strongest evidence that they did not desire to adopt those 
of Mr. Holt, already tendered. The sending of an argument might be explained 
as the natural effect of that habit of directing verdicts acquired in the Bureau of 
Military Justice ; but the sending of such an argument I feel compelled to attrib- 
ute to a desire to place his own views so before the committee as to render in- 
vestigation by them a mere matter of form ; and 1 believe this was done to hide 
the disgraceful fact that the assassination of Mr. Lincoln was seized upon as a 
pretext to hatch charges against a number of historical personages, to blacken 
their private character, and afford excuse for their trial through the useless forms 
of a military commission, and through that ductile instrument of vengeance in 
the hands of power, murder them. 1 do not say that " Judge Holt" did himself 
originate the charges or organize the plot of the perjurers, because I do not 
know that he did ; I merely say that a plot based on the assassination was formed 
against Davis, Clay, and others, and that the plotters did, and even yet, operate 
through the Bureau of Military Justice, and that the argument forwarded by Mr. 
Holt to the Committee on the Judiciary looked to me like a shield extended over 
the plotters — extended, it may be, from no personal animosity to Messrs. Davis, 
Clay, and the others — extended, it may be, with a desire to save certain officers 
of the government from the charge of having been betrayed into the mistakes 
of a vague apprehension, the blunders of an excitement, which it was their prov- 
ince to allay or control, not to increase or share ; but still extended over ac- 
knowledged, self-co»victed, most wicked perjury ; and the fact that Mr. Holt did 
himself pay moneys to more than one of them, to those who acknowledge they 
swore for money, may awaken suspicion that there was bribery as well as per- 
jury — perhaps not conscious bribery, but the payment for false testimony was 



ASSASSINATION OF LINCOLN. 37 

committed ; though it may have been done innocently, it produced the usual effect 
of subornation of perjury. 

For the sake of humanity and justice, I would in this report press upon the 
House a request that the cross-examination of Merritt be translated and pub- 
lished. I am aware that the Executive, acting under the advice of Senator 
Wilson, of Massachusetts, and other gentlemen of loyalty no less known, has re- 
leased Mr. Clay on parole, and that that release is in itself an acknowledgment 
that the Executive disbelieves not only Merritt's testimony, but also that of every 
one of the members of the plot. But this is not sufficient. It is due to all the 
accused that the nation at last see and recognize the flimsiness and malice of these 
monstrous perjurers. 

Let it be recollected that Conover's own exposition of his perjuries was made 
in Canada during the trial, and then how are we to account for this man's not 
only being left at large, but being sent as a competent witness to testify before 
a judiciary committee of this House, and this testimony, already disproved, ac- 
companied by an argument from Judge Holt shaped to induce a belief in it 1 

The testimony of Henry Finegas, going to implicate George N. Sanders and 
Wm. C. Cleary, led me to investigate his character and credibility. I find he 
was almost reared by a man named Price, in Boston, now residing in Washing- 
ton, and known as a gambler and a prize fighter ; that Finegas adopted and fol- 
lowed the professions; that he went with Butler's expedition to New Orleans, 
entered the service, held a commission, left the service on account of misdemean- 
ors known to General N. P. Banks ; that Finegas next appears a detective in 
Norfolk, and for certain crimes is expelled the department of the Virginia and 
North Carolina in company with another detective named Long. 

And thus one by one I find each and all of the witnesses brought forward at 
the so-called trial to implicate Jefferson Davis, Clement C. Clay, Jacob Thomp- 
son, and others, to be either convicted perjurers or men of infamous life ; and 
therefore the first conclusion to which I arrived is that all the testimony taken 
to establish said complicity, under the pretence of proving a general conspiracy, 
is wholly unworthy of credit, and that its ex parte reception even by that court, 
and the protection of the witnesses, was an act highly reprehensible, discredita- 
ble to the officers of the court, a disgrace to the nation and its military service, 
under a misapplication of the powers and regulations of which this conspiracy 
to alarm the people and jeopard the reputation, liberty, and life of innocent 
men was fostered and partially consummated. 

With the testimony taken at the celebrated trial, was forwarded from that 
strange receptacle of evidence, the "Bureau of Military Justice," affidavits 
taken since. 

Among these was the affidavit of one Campbell, acknowledged by him to be 
such, to have been sworn to at the said bureau. Campbell was brought before 
us and asked if the contents of that affidavit were true. He said it was all 
false. He was then asked, "Why did you make it?" " I was informed by 
Conover that Judge Holt had offered a reward of one hundred thousand dollars 
for the capture of Jefferson Davis — that he, Holt, had no authority really to do 
it. That, now Jefferson Davis was taken, they had not enough against him to 
justify them in what they had done ; that Judge Holt wanted to get witnesses to 
prove that Davis was interested in the assassination of Mr. Lincoln, so as to 
justify him in paying the $100,000." 

"I never lived in New Orleans." 

[In his affidavit he had sworn he did.] 

"I never was in Richmond." 

[He had sworn to residing there.] 

" I do not know John Svuratt, and never saw him." 

[He had sworn to conversations with him.] 

" I never saw Jefferson Davis. The evidence was prepared by Conover. I 



d» ASSASSINATION OF LINCOLN. 

saw him prepare a portion of it. I never was in the confederate service. I 
never saw Benjamin. Conover said I should be well compensated for my evi- 
dence. My proper name is not Campbell, but Joseph Hoone. My evidence 
was taken in Judge Holt's office." 

Speaking of the other witnesses, Campbell swore : 

" Joseph Snevel is not his real name ; his name is Roberts." 

" Farnham B. Wright is not his real name; it is John Waters." 

" John H. Patton is not his real name ; it is Smith." 

" Sarah Douglas is not her real name ; her name was Dunham. (This is 
Cohover's true name.) 

" Here was another woman sworn ; she gave an assumed name." 

One of these women was Conover's wife, the other his sister-in-law. 

"Conover told me that if I engaged in it, it was not going to hurt anybody ; 
that Jeff. Davis would never be brought to trial, and that if this evidence got 
to him he would leave the country. Conover directed me to assume the name 
of Campbell. There was a person described by that name, who was supposed 
to be implicated in that affair, and I was representing that party." 

" I met Conover first by the appointment of Snevel. Snevel said I could 
make money out of it. Money was my motive. 

"I received $625. I received 8100 from Conover and $500 from Judge 
Holt. I got $150 at Boston ; $150 at St. Albans. 

" I went to Canada to hunt up a witness to swear false, who was to represent 
Lamar. Snevel and. Conover together arranged with me to go to Canada. 

" Snevel saw the written evidence I was to swear to after Conover wrote it." 

These hurried yet correct extracts from the testimony of Campbell before the 
committee may seem all sufficient to gauge the value of Conover's evidence, 
Snevel's, and his own ; but lest they should seem to lack confirmation, I append 
extracts from that of Snevel, sworn May 24, 1866. 

The deposition he made before Mr. Holt was read to him. He stated it 
was "false from beginning to end." 

" Conover wrote out the evidence and I learned it by heart. I made it to 
make money. I received $375 from Holt. I received $100 from Conover. 
Farnum B. Wright's name is really John Waters. John McGill is an assumed 
name — not his." 

[These witnesses, of two names each, were witnesses who had been procured 
by the Bureau of Military Justice, and who had testified to corroborate the tes- 
timony of Conover and Merritt, as Campbell and Snevel did.] 

Snevel further says : 

"I told Conover that I was coming on here to testify to the truth; that I had 
not any rest since I swore to what I did. He said I would be in a worse fix 
then than I was now. This was last Saturday. He said things would be set- 
tled, and there would be no further trouble. When the false evidence I was to 
swear to was read over to me by Conover, Campbell and Conover's brother-in- 
law, Mr. Ausen , were present. 

" Conover told me he knew what Holt would ask me, and Conover asked me 
the same questions. I gave this false evidence before Mr. Holt. When I got 
wrong Conover would nod his head. Conover was present when I was sworn 
by Holt. When Conover would nod I would correct it as near as I could. 
Campbell and I rehearsed at the hotel in Washington." 

Conover said, in his testimony, " I was asked if such a sum would be 
satisfactory. I said it would. I can't tell how much I received." 

" Conover was an agent of the government to hunt up evidence." 

Having but little time to end this report, I will not swell it with any addi- 
tional extracts from the confessions of these people,. 

Conover was present when Campbell and Snevel testified thus plainly to his 
villany. 



ASSASSINATION OF LINCOLN. 39 

I must inform the House that Conover, alias Watson, alias Dunham, &c, &c, 
was not ordered into arrest ; that the committee, at his request, permitted him 
to go to New York to procure other testimony. One officer was sent with him, 
and Conover effected his escape, of course, has not been heard of since, and 
has probably left the country. Whether any efforts have been made I know 
not, to catch him; but as he was the teacher and guide of the perjuries com- 
mitted by the other witnesses procured through the Bureau of Military Justice, 
it would seem the solemn duty of this government to apprehend, try, and punish 
so foul a criminal, and in his trial ascertain what temptations, and through 
whom they came, led him to the manufacturing of so awful a plot. Conover it 
was who found Montgomery ; Conover it was who found Merritt, Campbell, 
Snevel, and the rest, who rehearsed and taught them, and, as professor of per- 
jury, watched his pupils in their delivery thereof at lesson-time before Judge 
Holt. 

Judge Holt himself was a witness before the committee. He of himself 
knew knothing of course ; but he swore to his own opinions derived from the 
trustworthy testimony of the parties described, for whose testimony they say 
the judge himself paid them, 

The testimony and revelations of Campbell and Snevel, the absconding of 
Conover, were not needed by me to aid in forming my opinion of the value of 
Montgomery's perjuries or those of Conover; still, when they testified so clearly, 
when the females of Conover's family were shown to have also been sacrificed 
by him to this demon of falsehood for lucre, the cool turpitude of the whole 
crew sickened me with shame, and made me sorrow over the fact that such 
people could claim the name of American, while I wondered who the hidden 
arch-conspirator behind Conover might be. 

The transparency of the whole plot ; the imbecility of its organization and 
management ; its ease of discovery by the poorest tests of the cheapest logic, 
betrayed in the framer so complete a reliance in popular credulity, so thorough 
an appreciation of the maxim, that the masses of men believe improbable lies 
more readily than those colored with an air of truth, that I could scarce resist 
the desire of having Campbell, Conover, Snevel, the women and the rest, all 
arrested and handed over to the reliable civil tribunals of the country, charged 
with perjury. 

The proof was within easy reach, plain, and cumulative. I felt the honor of 
the nation required the puniskmenttof these people, were it only in atonement 
for the credulity of those in its high places who had so readily credited or ap- 
peared to credit and act upon such a tissue of absurdities, and so stated my 
views to the committee. 

Not one of these witnesses, nor the parties using and instructing them, if any 
besides Conover, possessed any peculiar talent for imposture other than impu- 
dence and military power to awe all questionings. A man of sense, by try- 
ing to give this plot an appearance of probability, would most likely have 
failed sooner and no less signally, as wise men often do in addressing a multi- 
tude, from not daring to calculate upon the prodigous extent of their credulity, 
especially where the figments presented to them involve the fearful and the ter- 
rible. Dr. Pallin, the man Blackburn, Mr. Robinson, and other innocent citi- 
zens nearly fell a sacrifice to the fury and fear of poison, arson, and murder 
which these witnesses created, and owe their safety only to a peculiarity of our 
national temperament. We are most easy of all people satiated with bloody 
punishment. Other nations are like the tame tiger which, when once its native 
appetite for slaughter is indulged in one instance, rushes on promiscuous ravage. 
We rather resemble the sleuth dog, which, eager, fierce, and clamorous in pur- 
suit of his prey, desists from it as soon as blood is sprinkled upon his path. 

The whole of this affair, which would simply pass down to posterity as an 
absurdity unsurpassed in the history of nations, were it not for the serious dan 



40 ASSASSINATION OF LINCOLN. 

gers and consequences it came near entailing, was dragged into the arena of 
politics. 

A few weeks ago a radical editor wrote : " Would that the hand of Booth 
had been less steady, that of Atzerodt more sure." And a woman in the em- 
ploy of the government published an accusation against the President as one of 
the conspirators against the life of Mr. Lincoln. Recollecting that the taking 
of his own life was a leading object of Atzerodt's and Booth's, one may say of 
Andrew Johnson what a writer of the Popish plot said against Charles the 
second : " He should be tried for conspiring his own death, and hanged if 
terrorem." 

That this plot to prove designs of poisoning by infection, of complicity with 
past and future assassinations, should have culminated into such absurdities, is 
natural, for falsehood run mad outstrips itself, and the dangerous allegations of 
Conover, Merritt, Hyams Campbell, Snevel, Montgomery, and Finegas, have 
their prototypes in other lands and times, though to Conover the original idea 
of advertising for his own apprehension as a false witness is an everlasting 
claim to a high place in the pages of the causes celehres of this age. Thank 
Heaven, however, that we are only to blush at the fact that, upon the accusa- 
tion of the most infamous of mankind, common informers, incited, if not 
bribed, by offers of reward, of these scourings of jails, and the refuse of the 
detective office, a government like ours should brand those* who had been its 
ministers with crimes known only to the inferior civilization of the middle 
ages, we have not to sorrow over their guilt. 

Who originated this plot, and placed the government in so embarrassing an 
attitude ? I cannot ascertain. The jealous secrecy and care exercised by the 
gentleman from Massachusetts in keeping most of the documentary evidence 
from me for careful perusal, the secrecy attending every step of these proceed- 
ings, makes certainty on my part impossible as to the authorship of these ill- 
linked perjurers ; although I do not attribute the course of the committee to- 
wards me to any desire on their part to screen the authors, and I am so deeply 
impressed that there must be guilt somewhere that I earnestly urge upon the 
House an investigation into the origin of the plot concocted to alarm the nation, 
to murder and dishonor innocent men, and to place the Executive in the undig- 
nified position of making under proclamation charges which cannot, in the face 
of the accused, or even in their absence, stand a preliminary examination before 
a justice of the peace. 

It was not till noon Friday, yesterday, the last day but one of the session, 
that the committee and the gentleman from Massachusetts allowed me to read 
the testimony or parts thereof, that my memory alone should not be trusted to report. 
It was then within twenty-four hours of its adjournment that Congress, through 
this committee, allowed me to get ready to prepare this report, when the unfin- 
ished business of the session was crowding upon me, and no time was left me to 
pursue to the head the villanies I detected in the hand, or I might have been 
able plainly to tell Congress and the country that if in this plot we had a Titus 
Gates in Conover, so also wehad a Shaftesbury somewhere. Had more than twenty- 
four hours been allowed me, or had those twenty-four hours been less burdened with 
other duties requiring immediate discharge, I might have been able, in addition to 
exposing the perjury, to have told this house who concocted it, who screened it, 
(I do not mean the committee,) why it was concocted and screened, and finally, 
why a committee of Congress acted towards one of its own members like a Vene- 
tian council of ten, whose legislation and inquiries were being kept secret for 
the benefit of some Foscari. 

Need I add, in conclusion, that? neither of verbal nor written testimony there 
18 no credible evidence whatever to criminate Mr. Davis as an accomplice, before 
or after the fact, in the murder of Mr. Lincoln. There is not any evidence 
worthy of the slightest credit that connects either Mr. Clay, Mr. Cleary, Mr. 



ASSASSINATION OF LINCOLN. 41 

Thompson, Mr. Tucker, Dr. Pallin, Mr. Stuart, nor any others charged there- 
with, now at liberty, with that assassination, directly or indirectly. Nor is there 
the slightest possible tinge of probability, according to the results of investiga- 
tion, that any plot or plans ever did exist among those charged therewith to 
poison or infect with fevers the good people of this nation. 

I cannot agree with the statement made in the concluding paragraphs of the 
majority report, that " it is the duty of the executive department of the gov- 
ernment for a reasonable time, and by the proper means, to pursue the investi- 
gations for the purpose of ascertaining the truth." 

The government, through the Bureau of Military Justice, has pursued its 
investigations over one year with the rigor of military power and the expendi- 
ture of vast amounts, and in Conover, Campbell, Snevel & Co. we have the 
result of their labors. How long is this man to lie under these imputations 
without even a preliminary examination ? This is worse than the treatment of 
D'Enghien; worse than the quicker cruelties of an auto da fe. Disagreeing 
with the majority report on this point, as on most others, I believe it to be the 
duty of the authorities holding Davis to give him a preliminary examination, as 
prescribed by the usages and practice of all civilized nations. If in that ex- 
amination it be found there remains anything unsatisfied, it is the duty of the 
government to immediately hand him to the civil tribunals, that he and the 
others accused may have opportunity to sho^ to the world the malice and 
falsehood of these wicked accusations. 

The discoveries of the doings of the Bureau of Military Justice render it a 
duty that whatever be done in this matter hereafter, be done in a less suspi- 
cious locality, and freed from secrecy. Evil motives alone fear the light. The 
government of this country should have in this matter nothing to hide, or fab- 
ricate in darkness. 

As regards the charge of treason, that is already before the proper tribunal, 
and I have only to express surprise that the judicial branch of the government 
should so long have deferred the trial, and that a prisoner could be ready for 
trial so long, ask for it so persistently, and yet, in defiance of law and usage, be 
so long denied it. 

The assertion that legislation by Congress is needed ere the crime of treason 
can bring a man to trial is wholly unfounded, and sounds like a shrinking from 
the fulfilment of a most plain duty. 

A. J. ROGEKS. 

Dated July 28, 1866. 

H. Rep. Com. 104 4 



